M/S.Haoda Payment Solutions Private Limited, v. M/S.Axis Bank Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.Nos.34934 & 34935 of 2024 M/s. Haoda Payment Solutions Private Limited, Rep. by its Director, Vigneshwar Rajendran, No.4A/B, Thygaraja Complex, PH Road, Kilpauk, Chennai - 600 010.
... Petitioner Vs.
1. M/s.Axis Bank Limited, No.328, Adarsh Towers, Konnur High Road, Vasantha Nagar, Chennai Chembarambakkam, Ayanavaram, Chennai - 600 023.
2. Axis Bank (Corporate Office), Axis House, 7th Floor, C/2, Wadia International Centre, Bandurang, Budhkar Marg, Worli, Mumbai - 400 025.
3. M/s. Axis Bank Limited (Registered Office) 3rd Floor, 'Trishul', Opp. Samartheswar Temple, Law Garden, Ellis Bridge, Ahmedabad - 380 006.
4. State Rep. by its The Inspector of Police, Cyber Crime Cell, Central Crime Branch, O/o. Tambaram City Police, Sholinganallur, Chennai.
5. The Commissioner of Police, Tambaram Coimmissionerate, Chennai, Tamil Nadu.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 & 4, not to lien mark or debit freeze the entire transaction amounts in the petitioner's bank accounts (1)AC. No.922020050959975 (2) AC.No.920020058138057 and (3) AC.No.922020021123912 without furnishing the UTR number and KYC particulars of the disputed transactions involved in the cyber crime by the respondents and grant such other relief.
For Petitioner : Mr.R.Sunilkumar For Respondents For R1 to R3 : Mr.R.Palanikumar Ramesh For R4 & R5 : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
This writ petition has been filed for direction, directing the respondents 1 & 4, not to lien mark or debit freeze the entire transaction amounts in the petitioner's bank accounts (1)AC. No.922020050959975
(2) AC.No.920020058138057 and (3) AC.No.922020021123912.
2.
On instructions, the learned Government Advocate (Crl. Side) appearing for the respondents police submitted that already the fourth respondent by his communication dated 21.09.2024, instructed the bank that the defacto complainant one Radhakrishnan was cheated to the tune of Rs.2,29,00,000/- and part of the cheated amount had been transferred to the account of the petitioner in A.C.No. 922020050959975. Therefore, the said account was freezed. Now the petitioner had returned the disputed amount to the defacto complainant and as such, requested the first respondent to remove the lien and defreeze the account maintained by the petitioner. Insofar as other two accounts are concerned, the fourth respondent did not make any request to defreeze the account.
3.
Considering the above facts and circumstances, the first respondent is directed to defreeze the petitioner's bank accounts forthwith and permit the petitioner to operate his accounts, if no other request from any other officer to freeze the account of the petitioner.
4.
With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts
To
1. M/s.Axis Bank Limited, No.328, Adarsh Towers, Konnur High Road, Vasantha Nagar, Chennai Chembarambakkam, Ayanavaram, Chennai - 600 023.
2. Axis Bank (Corporate Office), Axis House, 7th Floor, C/2, Wadia International Centre, Bandurang, Budhkar Marg, Worli, Mumbai - 400 025.
3. M/s. Axis Bank Limited (Registered Office) 3rd Floor, 'Trishul', Opp. Samartheswar Temple, Law Garden, Ellis Bridge, Ahmedabad - 380 006.
4. The Inspector of Police, Cyber Crime Cell, Central Crime Branch, O/o. Tambaram City Police, Sholinganallur, Chennai.
5. The Commissioner of Police, Tambaram Coimmissionerate, Chennai, Tamil Nadu.
6. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts W.M.P.Nos.34934 & 34935 of 2024 07.03.2025