Karnataka High Court
Ravindra K vs The Icici Bank Branch Manager on 4 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:25524
WP No. 15783 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.15783 OF 2024 (GM-RES)
BETWEEN:
ABHUVANASA CREATIONS
NO.806, 23RD CROSS,
NEAR TO R.N.S. COLLEGE,
DWARAKANAGAR, CHANNASANDRA,
RAJARAJESHWARI NAGAR,
BENGALURU - 560 098.
REPRESENTED BY ITS PROPRIETOR,
RAVINDRA K
AGED ABOUT 35 YEARS,
S/O KUMAR, R/AT NO.806, 23RD CROSS,
NEAR TO R.N.S. COLLEGE,
DWARAKANAGAR, CHANNASANDRA,
RAJARAJESHWARI NAGAR,
BENGALURU - 560 098.
...PETITIONER
(BY SRI. NANDEESH, ADVOCATE)
Digitally signed
by Vandana S AND:
Location: HIGH
COURT OF
KARNATAKA THE ICICI BANK BRANCH MANAGER
NO.483, MAIN ROAD, RAJARAJESHWARI NAGAR,
NEAR IOCL PETROL BUNK
BENGALURU - 560 098.
...RESPONDENT
(BY SRI. JAI M. PATIL AND
SMT. SRIDEVI, ADVOCATES)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO LIEN /
FREEZE / DEBIT FREEZ THE DISPUTED AMOUNT TILL THE
INVESTIGATION IS OVER AND DE-FREEZE THE ENTIRE
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NC: 2024:KHC:25524
WP No. 15783 of 2024
PETITIONER BANK CURRENT ACCOUNT NO.093805004623 IFSC
ICIC0000938.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
"a) Issue writ of mandamus directing respondent No.1 to lien / Freez / Debit Freez the Disputed Amount till the investigation is over and De-freez the entire petitioner's Bank Current Account No.093805004623 IFSC:
ICIC0000938.
b) Pass such other order(s) which this Court may deem fit and proper in the interest of justice."
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that in respect of petitioner's bank account No.093805004623 out of the total transaction amount, the disputed amount is only Rs.2,07,764/- and that the petitioner has no objection for a lien to be created on the said amount and necessary directions may be issued to the respondent - bank to defreeze the aforesaid subject account by -3- NC: 2024:KHC:25524 WP No. 15783 of 2024 marking a lien only to an extent of disputed amount, which is Rs.2,07,764/-. In support of his contention, he placed reliance upon the judgments of this Court in Razorpay Software Private Limited Vs. The State of Karnataka and another - W.P.No.62/2022 dated 22.09.2022 and N. Nagaraju Vs. State of Karnataka and another - W.P.No.27214/2023 dated 23.01.2024.
4. Per contra, learned counsel for respondent submits that the present petition may be disposed of in terms of the judgment passed in Razorpay Software Private Limited by marking a lien to an extent of Rs.2,07,764/- in the account of the petitioner.
5. In view of the aforesaid facts and circumstances and the judgment of this Court in Razorpay's case, I deem it just and appropriate to dispose of this petition directing to defreeze the aforesaid bank account No.093805004623 of the petitioner in respondent - bank by marking lien only to an extent of Rs.2,07,764/-. It is needless to state that marking of the said lien would be subject to the final out come of the investigation. -4-
NC: 2024:KHC:25524 WP No. 15783 of 2024
6. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/-
JUDGE SV List No.: 1 Sl No.: 119