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Delhi High Court - Orders

Atul Punj vs Reserve Bank Of India & Ors on 27 January, 2022

Author: Prateek Jalan

Bench: Prateek Jalan

                  $~32 (2022 Cause List)
                  *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                  +        W.P.(C) 10796/2020

                           ATUL PUNJ                                      ..... Petitioner

                                           Through:   Mr. Akhil Sibal, Senior Advocate
                                                      and Mr. Aditya Dewan, Advocate.

                                                  versus

                           RESERVE BANK OF INDIA & ORS.                ..... Respondents

                                           Through:   Mr.     Ramesh Babu M.R, Ms.
                                                      Manisha Singh and Ms. Jagriti
                                                      Bharti, Advocates for R-1/RBI.
                                                      Mr. Bheem Sain Jain, Advocate for
                                                      R-7/HDFC Bank.
                                                      Mr. Vivek Jain, Ms. Akanksha
                                                      Singh, Ms. Aastha Tiwari,
                                                      Advocates for R-6/PNB.
                                                      Mr. Rishabh Gupta, Advocate for
                                                      R-15/Indian     Overseas    Bank
                                                      (Mobile No. 9711447472).
                                                      Ms. Akriti Gautam, Advocate for
                                                      Ms. Reema Khorana, Advocate for
                                                      Central Bank of India (Mobile no
                                                      9811135752).
                                                      Mr. Sanjay Kumar Pathak, Senior
                                                      Panel Counsel for R-22/UOI with
                                                      Ms. K Kaomudi Kiran Pathak, Mr.
                                                      Sunil Kumar Jha and Mr. MS
                                                      Akhtar, Advocates (Mobile No.
                                                      9910770311).
                                                      Mr. Amol Sharma & Mr. Jagriti
                                                      Ahuja Advocates for R-14/RBL.
                                                      Mr. Rajiv Kapur and Mr. Akshit

Signature Not Verified
Digitally Signed By:SHITU
NAGPAL
Signing Date:27.01.2022
21:38:53              W.P.(C)10796/2020                                          Page 1 of 3
                                                             Kapur, Advocates for R-4/SBI.
                                                            Mr. Rachit Bigghe, Advocate for
                                                            R-11/L&T Finance Ltd.
                                                            Mr. Aayush Agarwala, Advocate
                                                            for R-8/Axis Bank.

                  CORAM:
                  HON'BLE MR. JUSTICE PRATEEK JALAN
                                 ORDER

% 27.01.2022 The proceedings in the matter have been conducted through video conferencing.

CM APPL. 4687/2022 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.

CM APPL. 4686/2022 (for directions)

1. The petitioner has filed the present application in respect of actions of the respondent No.7- HDFC Bank ["the Bank"], with regard to two accounts stated to be "operated by the petitioner". The accounts are in the name of (i) executor of the estate of Late Sh. S.N.P. Punj, and (ii) the petitioner's son, Mr. Shiv Punj. According to the petitioner, these two accounts, and a third account, which is in the name of petitioner himself, were frozen in December, 2021. The petitioner's account has since been made operational, but the aforesaid two accounts remain frozen by the Bank.

2. The petitioner has filed the present application alleging that according to the petitioner, the only reason for freezing of the said account pertains to the declaration of the petitioner's account as a fraud account, and the freezing is thus contrary to the interim order dated Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:27.01.2022 21:38:53 W.P.(C)10796/2020 Page 2 of 3 12.01.2021 granted in the present petition.

3. Mr. Bheem Sain Jain, learned counsel for the Bank, who is appearing on advance notice of the application, submits that the aforesaid two accounts are not the accounts of the petitioner in his individual capacity, and that they have not been frozen on the ground alleged by the petitioner. Mr. Jain has shared on screen, during the video-conference hearing, a copy of the communication dated 08.12.2021, which indicates that the accounts have been frozen on account of non-compliance with the required Know Your Customer formalities.

4. In view of the aforesaid statement, it is open to the petitioner to take such steps as required by the Bank. As the account holders of the two accounts in question are not the petitioners before this Court, in the event any of their grievance survives, they may file appropriate proceedings, if so advised, in accordance with law.

5. The application is disposed of with these directions.

PRATEEK JALAN, J JANUARY 27, 2022 'vp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:27.01.2022 21:38:53 W.P.(C)10796/2020 Page 3 of 3