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Delhi High Court - Orders

Onkar Abhishek Tiwari vs Icici Bank And Ors on 24 March, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~14
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                  W.P.(C) 2807/2023
                                 ONKAR ABHISHEK TIWARI               ..... Petitioner
                                             Through: Mr. Pankaj Talwar, Advocate (M:
                                                        9811222080).
                                             versus

                                 ICICI BANK AND ORS.                              ..... Respondents
                                               Through:          Ms. Chetna Bhatia,, Advocate for R-
                                                                 1.
                                                                 Mr. Anurag Ahluwalia, CGSC with
                                                                 Ms. Avshreya Pratap Singh Rudy,
                                                                 Adv(GP) for UOI (M: 9810001315)
                                                                 Mr. Amit Peswani Advocate for Ms
                                                                 Nandita Rao ASC CRL for State
                                                                 (GNCTD) with SI Manish Kaushik
                                                                 (M: 9971479575).
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 24.03.2023

1. This hearing has been done through hybrid mode. CM APPL. 10854/2023 (for exemption)

2. Allowed subject to all just exceptions. Application is disposed of. W.P.(C) 2807/2023

3. This is a petition filed on behalf of the Petitioner - Onkar Abhishek Tiwari challenging the debit freeze directed by Respondent No. 1 - ICICI Bank on his savings bank account. The case of the Petitioner is that on a complaint by Respondent No. 3 - Mr. Shantanu Tyagi, the Respondent No. 4

- Cyber Cell Crime Branch directed the freezing of the bank account of the Petitioner pursuant to which the Respondent No. 1 has frozen the bank Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 2807/2023 Page 1 of 4 Signing Date:28.03.2023 19:13:37 account.

4. The Status Report dated 23rd March 2023 has been filed by the Respondent No. 5- by SHO-Rajouri Garden which reveals as under:-

"1. It is submitted that the present writ petition was filed by petitioner Onkar Abhishek Tiwari S/o Lt Sh Kalika Prasad Tiwari R/o WZ-106/67, Third Floor. Rajouri Garden Extn, New Delhi seeking direction against the respondents for getting the bank account of the petitioner de-freezed for the withdrawal and proper usage.

2. That the petitioner has submitted that he is a crypto trader and respondent Mr Shantanu Tyagi also deals in crypto trading and on 22/06/2022, Mr Shantanu Tyagi placed an order for purchasing of crypto currency and deposited Rs 1,60,000/- in the saving bank account of petitioner bearing No. 335901000127 ICICI Bank, Tagore Branch, New Delhi. After receiving the said amount the petitioner released 1919.61 USDT (crypto currency) in Binance account of Mr Shantanu Ryagi. In October 2022, the petitioner noticed that his saving account bearing number 335901000127 has been freezed by the Respondent bank without any notice to him. On enquiry it was revealed to the petitioner that respondent Shantanu Tyagi has filed a complaint against the petitioner for not receiving the USDT or the crypto currency in Police station Patel Nagar, Ghaziabad, UP and Police Station Patel Nagar has requested Cyber Cell, Crime Branch, Police station Kotwali Ghantaghar, Ghaziabad U.P. to give instruction to respondent Bank for freezing the saving Bank account of the petitioner.

3. That the petitioner further submitted that on

05.01.223 a meeting was held at Police Chowki, Patel Nagar, Ghaziabad UP between petitioner and respondent Mr Shantanu Tyagi and there the petitioner get to know that Mr Shantanu Tyagi has successfully withdrew USDT from his account and Mr Shantanu Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 2807/2023 Page 2 of 4 Signing Date:28.03.2023 19:13:37 Tyagi also get a confirmation mail as a confirmation for the said transaction from the crypto Trading Platform where Mr. Shantanu Maintains his account. That after the petitioner moved to Police Chowki. Patel Nagar, Ghaziabad UP and Cyber Cell, Crime Branch, Police station Kotwali Ghantaghar, Ghaziabad U.P to get his account de-freezed but they replied that they could not give any instruction to the respondent bank for de-freezing his account unless Mr Shantanu Tyagi withdraw his complaint.

4. That on further enquiry a Notice was sent to concerned bank to provide copy of letter received to debit freeze the account of petitioner. (Receiving of same is annexed as Annexure 1) and ICICI Bank, Tagore Garden has replied that the account of petitioner is debit freeze and lien of Rs 160,000/- is also marked in the account under POLICE from 29-06- 2022 under MHA33106220047715 and reason code is showing POLICE, 40 2022 RAJKOT CITY, GUJRAT. Further the bank also replied that "Debit Freeze is marked by ICICI Bank on the request of govt. bodies but not from the Tagore Garden Branch. (reply of same is annexed as Annexure 2)".

5. From the above status report, it appears that there was a complaint filed by Respondent No. 3-Mr. Santanu Tyagi with the Police in Ghaziabad, Uttar Pradesh and the debit freeze has been directed on the basis of a request from the Police authorities in Rajkot City, Gujarat.

6. Let the ld. Counsel for the Respondent No.1-ICICI Bank place the letter referred to in the above Status Report received from the Gujarat Police on record and provide a copy to the Counsel for the GNCTD/Delhi Police within one week. Upon which the ld. counsel for the GNCTD/Delhi Police shall also inform the Gujarat Police about the pendency of the present writ petition.

7. From the status report it appears that the lien sought from the Gujarat police is for an amount of Rs.1,60,000/-. Accordingly, the Petitioner is permitted to deal with his bank account and the same shall be defreezed by Respondent No. 1- ICICI Bank subject to maintaining a minimum balance of Rs.5,00,000/-, at all times. The Bank to ensure strict compliance of this order.

8. Mr. Anurag Ahluwalia, ld. CGSC seeks time to file an affidavit placing the stand of the Union of India in terms of the previous order dated 6th March 2023.

9. In the meantime, let the complainant Respondent No.3-Mr. Shantanu Tyagi be also served by the Registry on the email and mobile number which is mentioned in the memo of parties.

10. List before the Registrar for completion of service and pleadings on 1st May, 2023.

11. List before the Court on 20th September, 2023.

PRATHIBA M. SINGH, J.

MARCH 24, 2023 mr/dn Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 2807/2023 Page 4 of 4 Signing Date:28.03.2023 19:13:37