Rajendran S v. The State Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.Rajendran ... Petitioner vs.

1.The State Bank of India, represented by its Branch Manager, Kanyakumari Branch, 5/26A, Morning Star Complex, Kanyakumari, IFSC:SBIN0070013.

2.The Station House Officer, Central Crime Police Station, East Division, Bengaluru, State of Karnataka 560051.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to defreeze the Savings Bank Account of the petitioner bearing A/C.No. 20438390005 forthwith, by considering the representation of the petitioner, dated 02.11.2023.

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For Petitioner : Mr.A.Mohan For Respondents : Mr.S.Sukumar

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the 1st respondent to defreeze the Savings Bank Account of the petitioner bearing A/C.No.20438390005 forthwith, by considering the representation of the petitioner, dated 02.11.2023.

2. According to the petitioner, his son-in-law transferred a sum of Rs.50,000/- to his account on 28.09.2023 and when he made an attempt to withdraw the said amount, he came to know that his account has been blocked by the first respondent. Immediately he approached the customer service of the first respondent Bank. But there was no proper response. Hence, the petitioner has made a representation to the respondents on 02.11.2023, requesting them to to defreeze the account. Despite receipt of the same, the first respondent has not chosen to give any response. Therefore, the present writ petition has been filed. 2/5

3. The learned counsel appearing for the respondents would submit that the disputed amount of Rs.50,000/- sent by the person is under investigation by the second respondent police. Based on the complaint made by one Priyadarshini, the investigating agency contacted the Local Head Office at Bengaluru through National Cyber Crime and intimated to hold the disputed amount of Rs.50,000/- in the Savings Bank Account of the petitioner bearing A/C.No.20438390005. Accordingly, the amount of Rs.50,000/- was put on hold by the local Head Office, Bengaluru.

4. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.

5. Considering the above said submissions, this Court directs the first respondent Bank to put on hold a sum of Rs.50,000/- alone and the same cannot be withdrawn by the petitioner and the petitioner is permitted to operate the Account No.20438390005 in respect of the remaining amount.

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6. With the above directions, this Writ Petition is disposed of. No costs.

02.02.2024 akv To 1.The State Bank of India, represented by its Branch Manager, Kanyakumari Branch, 5/26A, Morning Star Complex, Kanyakumari, IFSC:SBIN0070013.

2.The Station House Officer, Central Crime Police Station, East Division, Bengaluru, State of Karnataka 560051.

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V.BHAVANI SUBBAROYAN ,J.

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