Shri K.Balasubramanian v. The Branch Manager, Union Bank Of India

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/747/2023 Shri K. Balasubramanian Vs.

The Branch Manager, Union of India Mr. Arul Prasanth ... for the petitioner Mr. V.D.Sivabalan ... for the respondent August 21, 2023 [SR] Item No.18 The sale deed and the connected documents of the petitioner have allegedly not been released by the Bank even though the petitioner repaid the loan amount to the Bank on the ground that the documents may be required for investigation by the Enforcement Department under the Prevention of Money Laundering Act, 2002 in respect of ECIR: KLZO/08/2020.

Direction was passed upon the Bank to file an affidavit. The same has not been done till date.

There is nothing on record forthcoming from the Bank to show that the documents of the petitioner are required for the purpose of investigation by the Enforcement Department. It appears that the Bank requested the Assistant Director (Enforcement Department) to advice as to whether the documents will be required for the purpose of investigation. Learned advocate representing the Bank submits that no reply has been forwarded by the Enforcement Department till date.

As the petitioner appears to have repaid the bank loan, the Bank ought not to hold back the documents of the petitioner.

In view of the above, the Bank is directed to return the documents of the petitioner, provided, the said documents are not specifically required for investigation by the Enforcement Department.

In the event the documents of the petitioner are required for investigation, then, the details of the proceedings in which the said documents will be required shall be communicated to the petitioner so that the petitioner may take appropriate steps for release of the said documents from the competent authority.

Steps in compliance of the above direction shall be taken at the earliest but positively within a period of four weeks from the date of communication of this order. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities ( Amrita Sinha, J. )