Karnataka High Court
Global Payment Services Private ... vs The State Of Karnataka on 13 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:21312
WP No. 5781 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.5781 OF 2024 (GM-RES)
BETWEEN:
GLOBAL PAYMENT SERVICES PRIVATE LIMITED
A PRIVATE LIMITED COMPANY,
INCORPORATED UNDER THE COMPANIES ACT, 1956
(NO.1 OF 1956) HAVING ITS REGISTERED
OFFICE AT #603 AND 604 WELDONE TECH PARK,
SOHNA ROAD, SECTOR-48, GURUGRAM,
NEW DELHI-122018
REPRESENTED BY ITS
AUTHORIZED SIGNATORY/DIRECTOR.
SRI BIJENDER SINGH
S/O RAM VINOD.
...PETITIONER
(BY SRI. AKASH B SHETTY, ADVOCATE)
AND:
Digitally
signed by 1. THE STATE OF KARNATAKA
Vandana S
POLICE INSPECTOR,
Location:
HIGH COURT CYBER CRIME POLICE STATION,
OF BANGALORE CITY - 560 051
KARNATAKA REPRESENTED BY SPP
HIGH COURT OF KARNATAKA.
2. THE STATE OF KARNATAKA
REPRESENTED BY
THE SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
AMBEKDAR VEEDHI,
VIDHANA SOUDHA,
BENGALURU-560001.
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NC: 2024:KHC:21312
WP No. 5781 of 2024
3. AXIS BANK
REP. BY THE MANAGER
AXIS BANK LIMITED,
'AXIS HOUSE', C-2,
WADIA INTERNATIONAL CENTRE,
PANDURANG BUDHKAR MARG,
WORLI, MUMBAI-400 025.
...RESPONDENTS
(BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 & R-2;
SMT. SREEDEVI AND
SRI. JAI M. PATIL, ADVOCATES FOR R-3)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 BANK TO
DEFREEZE THE PRIMARY ACCOUNT AND THE VIRTUAL ACCOUNT
OF THE PETITIONER COMPANY MAINTAINED WITH RESPONDENT
BANK AND PERMIT THE PETITIONER COMPANY TO USE THE
ACCOUNTS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
"(i) Issue a writ of mandamus by directing the 3rd respondent bank to defreeze the Primary account and the virtual account of the petitioner company maintained with respondent bank and permit the petitioner company to use the accounts.
(ii) Issue a writ of certiorari, quashing notice issued under Section 91 and Section 102 of Criminal Procedure Code dated 02.09.2023 by the 1st respondent police to 3rd respondent bank vide Annexure - A.
(iii) Grant such other and further orders as this Hon'ble Court deems fit and proper under the facts and -3- NC: 2024:KHC:21312 WP No. 5781 of 2024 circumstances of the case in the interest of justice and equity."
2. Heard learned counsel for the petitioner and learned counsel for the respondents 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.991000254797 out of the total transaction amount, the disputed amount is only Rs.12,47,000/- 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 No.3 - bank to defreeze the aforesaid subject account by marking a lien only to an extent of disputed amount, which is Rs.12,47,000/-. 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 No.3 and learned AGA for respondent Nos.1 and 2 submits that the present -4- NC: 2024:KHC:21312 WP No. 5781 of 2024 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.12,47,000/- 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.991000254797 of the petitioner in respondent No.3 - bank by marking lien only to an extent of Rs.12,47,000/-. It is needless to state that marking of the said lien would be subject to the final out come of the investigation.
6. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/-
JUDGE SV List No.: 1 Sl No.: 67