Vijayakumar S Huf v. The Banking Ombudsman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.24871 of 2024 M/s.Vijayakumar S HUF Rep. by its Kartha Vijayakumar S No.47, Tower 14, Flat No.504, 5th Floor, North Tower, Otteri, Chennai - 600 012.

... Petitioner Vs.

1. The Banking Ombudsman, Reserve Bank of India, Fort Globis, Chennai - 600 001.

2. The Branch Manager, IDFC First Bank, Arumbakkam Branch, Chennai - 600 106.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to defreeze the current account of M/s. Vijayakumar S HUF in C.A A/c. No.10076639943 maintained in the second respondent bank and allow the petitioner to operate the account.

For Petitioner : Mr.C.K.M.Appaji For Respondents For R1 : Mr.T.Poornam

ORDER

This petition has been filed for direction directing the respondents to defreeze the current account of M/s. Vijayakumar S HUF in C.A A/c. No.10076639943 maintained in the second respondent bank and allow the petitioner to operate the account. 2.

The petitioner is having been maintained a current account in C.A. A/c.No.10076639943 with the second respondent. All of a sudden, the said account has been frozen. The petitioner was not informed on which request, the account has been frozen by the second respondent. So far, a sum of Rs.20,11,417/- was lying in the account and the petitioner is not permitted to operate the said account. Hence, the present petition.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

It is seen that the complaint lodged by the petitioner was enquired and the same was rejected by the first respondent by an order dated 24.06.2024, on the ground that the complaint itself nonmaintainable, since the lien is marked based on the communication received from the State Monitoring Cell, Gujarat. However, the learned counsel appearing for the first respondent would submit that if the petitioner submit any representation, it will be considered after due enquiry.

5.

In view of the above, the petitioner is directed to submit fresh representation and on receipt of the same the first respondent is directed to issue notice to the petitioner and second respondent and pass orders on the complaint lodged by the petitioner within a period of eight weeks from the date of receipt of a copy of this Order. 6.

With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

28.02.2025 : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Banking Ombudsman, Reserve Bank of India, Fort Globis, Chennai - 600 001.

2. The Branch Manager, IDFC First Bank, Arumbakkam Branch, Chennai - 600 106.

and W.M.P.No.24871 of 2024 28.02.2025