Sai Aalam v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.25748 of 2023 Sai Aalam Rep. by its Partner Mr.Kavipriyan ... Petitioner Vs.

1.The Regional Manager, Reserve Bank of India, Fort Glacis, Chennai - 600 001.

2.The Branch Manager, Yes Bank Limited, Indira Nagar, Chennai.

3.The Inspector of Police, Cyber Crime Police Station, SSP. Office, Gurdaspur, Punjab.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, direct the second respondent to defreeze the Current Account of the petitioner bearing A/C.No. 1/4

025163400000527 forthwith, which is operated with the second respondent bank by considering the representation of the petitioner dated 06.06.2023.

For Petitioner : Mr.R.Venkatesh For Respondents : R1 - No Appearance Mr.Sreedhar for R2 R3 - NRN

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus, directing the second respondent to defreeze the Current Account of the petitioner bearing A/C.No. 025163400000527 forthwith, which is operated with the second respondent bank by considering the representation of the petitioner dated 06.06.2023. 2.The case of the petitioner is that the petitioner is doing trading business under the name and style of SAI AALAM and it is a partnership firm. The petitioner is having current account with the second respondent and his current account was suddenly blocked by the second respondent without any prior information or enquiry with the petitioner. Immediately, the petitioner approached the second respondent's customer service, however, there was no response. 2/4

Hence the petitioner approached the second respondent and he came to know that in furtherance to the case registered on the file of the third respondent, the petitioner's account was directed to be freezed. The petitioner made representation to the second respondent seeking to defreeze his current account and since the same has not yet been considered, has filed this writ petition.

3.The learned counsel appearing for the petitioner submitted that without assigning any reason and without passing any order in writing, the petitioner's account was freezed by the second respondent based on the information received from the third respondent, which is not sustainable one.

4.It appears that based on the information received from the third respondent, the current account maintained by the petitioner was freezed by the second respondent without assigning any reason for freezing the account. Hence, the second respondent is directed to send a communication to the petitioner stating the reason for freezing of the petitioner's current account, within a period of two weeks from the date of receipt of a copy of this order, so as to enable the petitioner to work out the remedy in the manner known to law. 3/4

M.DHANDAPANI,J.

pri 5.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 04.09.2024 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Regional Manager, Reserve Bank of India, Fort Glacis, Chennai - 600 001.

2.The Branch Manager, Yes Bank Limited, Indira Nagar, Chennai.

3.The Inspector of Police, Cyber Crime Police Station, SSP. Office, Gurdaspur, Punjab.

And W.M.P.No.25748 of 2023 4/4