S.Nabisath Naliba v. Indian Overseas Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Nabisath Naliba ... Petitioner Vs.

1.Indian Overseas Bank, Represented by its Branch Manager, Kilakarai Branch, New No.145A, East Street, Muslim Bazaar, Kilakarai, Ramanathapuram, Tamil Nadu-623 517.

2.The Inspector of Police, Cyber Crimes, Mumbai City Cyber Police Station West Region, Off Link Road, APT 1102, Green Park H Tower, Usha Darshan SOC Near Shantivan Mahada, Mumbai-400053, Maharastra.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to defreeze the petitioner's savings bank account No.0318010000010279 based on the notice dated 17.08.2024 issued by the 1st respondent to the 1/5

petitioner, upon his representation dated 28.09.2024 forthwith or within the time stipulated by this Court.

For Petitioner : Mr.D.Murugan For R-1 : Mr.N.Dilip Kumar, Standing Counsel

ORDER

This writ petition has been filed to direct the 1st respondent to defreeze the petitioner's savings bank account No.0318010000010279 based on the notice dated 17.08.2024 issued by the 1st respondent to the petitioner, upon his representation dated 28.09.2024 forthwith or within the time stipulated by this Court.

2. Heard the learned counsels on either sides and carefully perused the materials available on record.

3. When the matter was taken up for hearing, the learned counsel appearing for the bank, relying upon the communication issued by the bank to the petitioner on 17.08.2024, submitted that the aforesaid savings bank account of the petitioner had never been frozen. However, only a lien of the disputed amount of Rs.2,00,000/- (Rupees Two Lakhs only) has been 2/5

marked, in view of the cyber police complaint received from the 2nd respondent police and the petitioner is free to operate her amount subject to the said lien over her account.

4. Recording the same, this Court hereby direct the 1st respondent bank to permit the petitioner to operate her account subject to the marked lien as far as the disputed amount of Rs.2,00,000/- (Rupees Two Lakhs only) is concerned.

5. Accordingly, this writ petition stands disposed of. No costs. 18.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.Indian Overseas Bank, Represented by its Branch Manager, Kilakarai Branch, New No.145A, East Street, Muslim Bazaar, Kilakarai, Ramanathapuram, Tamil Nadu-623 517.

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2.The Inspector of Police, Cyber Crimes, Mumbai City Cyber Police Station West Region, Off Link Road, APT 1102, Green Park H Tower, Usha Darshan SOC Near Shantivan Mahada, Mumbai-400053, Maharastra.

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L.VICTORIA GOWRI, J.

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