Onkar Abhishek Tiwari vs Icici Bank And Ors on 6 March, 2023

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Delhi High Court - Orders

Onkar Abhishek Tiwari vs Icici Bank And Ors on 6 March, 2023

Bench: Prathiba M. Singh

                          $~47
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +            W.P.(C) 2807/2023 and CM APPL. 10854/2023
                               ONKAR ABHISHEK TIWARI                    ..... Petitioner
                                            Through: Mr. Pankaj Talwar, Advocate (M:
                                                       9811222080) along with Petitioner in
                                                       person.

                                                   versus

                                ICICI BANK AND ORS.                               ..... Respondents
                                              Through:          Ms. Chetna Bhalla, Advocate for R-1.
                                                                Mr. Anurag Ahluwalia, CGSC with
                                                                Ms. Avshreya Pratap Singh Rudy
                                                                (GP) for UOI (M: 9810001315 ).

                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 06.03.2023

1. This hearing has been done through hybrid mode.

2. 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.

3. 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 account.

4. Ld. counsel for the Petitioner submits that Respondent No. 3 paid the Petitioner a sum of Rs.1,60,000/- towards transfer of the USDT cryptocurrency.

Signature Not Verified Digitally Signed By:RAHUL Signing Date:07.03.2023 17:24:47

5. The issue in respect of maintainability shall rise in the present case as the transaction in question relates to cryptocurrency.

6. Ld. counsel for the Respondent No. 1 wishes to seek instructions in the matter. Let a short affidavit be filed by Respondent no.1. Let notice be also issued to Respondent Nos. 2 and 4 as also Respondent No. 3 on his e- mail by the Registry. Mr. Sanjay Lao, ld. Standing Counsel (Criminal) GNCTD shall be also served who shall file a status report.

7. Considering the nature of the matter, the Union of India through the Secretary, Ministry of Finance is impleaded as Respondent No 5. Mr. Anurag Ahluwalia, ld. CGSC shall accept notice on behalf of Respondent No. 5 and place its stand on record in respect of whether transactions in respect of cryptocurrency are legally recognisable.

8. Amended memo of parties be filed within one week.

9. In order to meet the Petitioner's day to day expenses, he is permitted to withdraw an amount of Rs 2,00,000/- from the bank account as an interim order. The remaining amount shall remain frozen in the bank account of the Petitioner.

10. List on 24th March, 2023.

PRATHIBA M. SINGH, J MARCH 6, 2023 mr/kt Signature Not Verified Digitally Signed By:RAHUL Signing Date:07.03.2023 17:24:47

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Delhi High Court - Orders