M/S. Riha Sea Foods v. M/S. Icici Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.23788 of 2024 Riha Sea Foods, Represented by its Sole Proprietor, Mr.P.Mohaideen, Registered Office at No.3/201, East Street, Keelakarai, Ramanathapuram - 623 517.

... Petitioner Vs.

1.ICICI Bank, Represented by its Branch Manager, Keelakarai Branch, No.29, Main Road, Keelakarai, Ramanathapuram - 623 517.

2.Union of India, Ministry of Home Affairs, Represented by its Secretary, New Delhi.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to de freeze the petitioner's Bank Account No.054505012139, maintained in the 1st respondent Bank.

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For Petitioner : Mr.G.R.Balakumar For 1st Respondent : Mr.S.Krishnan For M/s.Acvity Law Association For 2nd Respondent : Mr.G.Vidha Maheswaran, Standing Counsel

ORDER

This Writ Petition is filed, seeking to direct the respondent Bank to de freeze the petitioner's Bank Account No.054505012139, maintained in the 1st respondent Bank.

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

3.When the matter was taken up for hearing, the learned counsel appearing for the 1st respondent on instructions submitted that the Bank had received notice under Sections 94 and 106 of Bharatiya Nagarik Suraksha Sanhita, 2023, from the Inspector of Police, Rewari, Harayana, requesting to suspend all the debit service of the petitioner's account and withhold a sum of Rs.18,00,056/-. Further it is required that in the absence of such amount available in the petitioner's account, the second respondent had required to impose a lien on the said amount and inform the account holder in this regard.

4.The learned counsel for the 1st respondent further submitted that 2/4

amount of Rs.4,765/- is available in the petitioner's account. 5.In view of the same, directing the 1st respondent to impose a lien for an amount of Rs.18,00,056/- with respect to the petitioner's bank account No.054505012139, this Writ Petition is dismissed and the first respondent is directed to defreeze the petitioner's Bank account No. 054505012139, imposing the lien for the aforementioned amount. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.12.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.Branch Manager, ICICI Bank, Keelakarai Branch, No.29, Main Road, Keelakarai, Ramanathapuram - 623 517.

2.Union of India, Ministry of Home Affairs, Represented by its Secretary, New Delhi.

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L.VICTORIA GOWRI, J.

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