Sai Holidays v. Indusind Bank And Others





 




 
 




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I have heard counsel for the parties and considered their respective submissions.

5.

An investigation agency can debit freeze or attach a bank account only upon obtaining an order from the jurisdictional Magistrate in terms of Section 107 of BNSS, 2023 as has been held in Mr. Kartik Yogeshwar Chatur and ors. Versus Union of India and ors., Law Finder Doc Id # 2812474, No such order could be brought to the notice of the court by counsel for respondent no.1.

6.

Keeping in view the observations made by a co-ordinate Bench of this Court in CWP-3464-2024, titled as Jaspreet Singh Versus Union of India and others, decided on 05.07.2024, writ petition is disposed of with a direction to respondent No.1 to de-freeze Current Bank Account No. 201017782477. Bank- respondent No. 1 will, however, making a lien of the disputed amount, i.e., Rs. 10,000/-, and petitioner would be at liberty to utilize the remaining balance amount



lying in their account, without prejudice to any other order of attaching or for freezing the account.















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