Delhi High Court - Orders
Subhash Aggarwal & Ors vs Adigear International & Anr on 23 January, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 33/2018 (Disposed of case)
SUBHASH AGGARWAL & ORS. ..... Decree Holders
Through: Mr. Hrishikesh Baruah, Mr.
Gaurav Vig & Mr. Kumar Kshitij,
Advocates for Applicant.
versus
ADIGEAR INTERNATIONAL & ANR. ..... Judgement Debtors
Through: Mr. Anubhav Singh, Advocate for
ICICI Bank, Naraina Vihar
Branch. [M:-9999355333]
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 23.01.2023 EX.APPL.(OS) 3755/2022(Application on behalf of the judgment debtor seeking directions)
1. This application has been filed by the judgment debtor seeking lifting of freezing orders in respect of two of its accounts maintained with ICICI Bank, Naraina Vihar Branch, New Delhi being Current Account No. 033505002462 and Savings Account No. 033501001064.
2. It is stated in the application that the accounts were frozen pursuant to an order dated 31.05.2018 passed in the present proceedings.
3. The enforcement proceedings were ultimately disposed of by an order dated 15.03.2022, when the order dated 31.05.2018 was also Signature Not Verified Digitally Signed By:SHITU NAGPAL OMP (ENF.) (COMM.) 33/2018 Page 1 of 2 Signing Date:24.01.2023 14:34:33 recalled. The contention of the judgment debtor is that ICICI Bank has not lifted the attachment in respect of these two accounts.
4. Notice was issued in this application on 05.12.2022. The office reports that the decree holder No.1 has been served and the learned counsel for the decree holders has also been served. Service report in respect of decree holder Nos. 2 and 3 is awaited. The decree holders have not entered appearance.
5. Mr. Anubhav Singh, learned counsel, enters appearance on behalf of ICICI Bank, Naraina Vihar Branch. Mr. Singh states that the freezing orders on these two accounts have not been lifted as the order dated 15.03.2022 did not specifically mention these two accounts, and the order dated 31.05.2018 also did not specifically mention these two accounts.
6. The bank is directed to file an affidavit stating the authority under which it has frozen the accounts mentioned in the prayer clause of the application. In the event, the accounts have been frozen by virtue of the order dated 31.05.2018, the bank will also explain why the freezing order was not lifted despite the order dated 15.03.2022, by which the order dated 31.05.2018 was expressly recalled. Affidavit be filed within one week from today.
7. List on 21.02.2023.
PRATEEK JALAN, J JANUARY 23, 2023 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL OMP (ENF.) (COMM.) 33/2018 Page 2 of 2 Signing Date:24.01.2023 14:34:33