Delhi High Court - Orders
Subhash Aggarwal & Ors vs Adigear International & Anr on 21 February, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 33/2018 (Disposed off case)
SUBHASH AGGARWAL & ORS. ..... Decree Holders
Through: None.
versus
ADIGEAR INTERNATIONAL & ANR. ..... Judgement Debtors
Through: Mr. Hrishikesh Baruah, Mr.
Gaurav Vig and Mr. Kumar
Kshitij, Advocates.
Mr. Anubhav Singh, Advocate for
ICICI Bank.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 21.02.2023 EX.APPL.(OS) 3755/2022 (for directions) in OMP (ENF.) (COMM.) 33/2018
1. By the order dated 23.01.2023, it was directed as follows:-
"1. This application has been filed by the judgment debtor seeking lifting of freezing orders in respect of two of its accounts maintained with ICICI Bank, Naraina Vihar Branch, New Delhi being Current Account No. 033505002462 and Savings Account No. 033501001064.
2. It is stated in the application that the accounts were frozen pursuant to an order dated 31.05.2018 passed in the present proceedings.
3. The enforcement proceedings were ultimately disposed of by an order dated 15.03.2022, when the order dated 31.05.2018 was also recalled. The contention of the judgment debtor is that ICICI Bank has not lifted the attachment in respect of these two accounts.
4. Notice was issued in this application on 05.12.2022. The office reports that the decree holder No.1 has been served and the learned counsel for the decree holders has also been served. Service report in Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (ENF.) (COMM.) 33/2018 Page 1 of 4 Signing Date:22.02.2023 18:42:45 respect of decree holder Nos. 2 and 3 is awaited. The decree holders have not entered appearance.
5. Mr. Anubhav Singh, learned counsel, enters appearance on behalf of ICICI Bank, Naraina Vihar Branch. Mr. Singh states that the freezing orders on these two accounts have not been lifted as the order dated 15.03.2022 did not specifically mention these two accounts, and the order dated 31.05.2018 also did not specifically mention these two accounts.
6. The bank is directed to file an affidavit stating the authority under which it has frozen the accounts mentioned in the prayer clause of the application. In the event, the accounts have been frozen by virtue of the order dated 31.05.2018, the bank will also explain why the freezing order was not lifted despite the order dated 15.03.2022, by which the order dated 31.05.2018 was expressly recalled. Affidavit be filed within one week from today.
7. List on 21.02.2023."
2. ICICI Bank Limited ["the Bank"], has filed an affidavit dated 09.02.2023. The contention in the said affidavit is that it had received two warrants of attachment alongwith the order dated 31.05.2018 passed by this Court in respect of the accounts in question. It is undisputed that the applicant/judgment debtor's accounts were mentioned in these warrants of attachment.
3. Although the Bank accepts that it received three letters from learned counsel for the judgment debtor dated 02.04.2022, 28.05.2022 and 03.08.2022, enclosing therewith an order of this Court dated 15.03.2022, by which the order dated 31.05.2018 was vacated, the freezing orders were not lifted. In the affidavit, the Bank offers the following explanation:-
"4. That the letter dated 02.04.2022, 28.05.2022 and 03.08.2022, issued by the counsel for the applicant stating "about de-freezing of the accounts as per order dated 15.03.2022, passed by this Hon'ble Court, as the lien marked vide order dated 31.05.2018 was removed", however, the details in the order dated 31.05.2018 were of the FDs and the account number was received separately through Warrant of Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (ENF.) (COMM.) 33/2018 Page 2 of 4 Signing Date:22.02.2023 18:42:45 Attachment as issued by this Hon'ble Court, due to which the accounts were not defreezed.
5. I say that the deponent never had the intention to violate any orders passed by this Hon'ble Court, however due to unclarity in the order the account was not de-freezed, however the same was neither intentional nor deliberate.
6. I say that the account No. 033505002462 in the name of Adigear International may not be de-freezed as per the RBI guidelines, however the deponent will abide by any directions passed by this Hon'ble Court, in this regard. The account statement from the date of freezing till date is annexed as Annexure C.
7. I further stated that account no. 033501001064 in the joint name of Shalini Khanna and Sanjay Khanna, will be de-freezed as per the directions of this Hon'ble Court, however the same was not done earlier due to non-recording of the account number in any of the orders passed by this Hon'ble Court. The account statement from the date of freezing till date is annexed as Annexure D.
8. I say that deponent is bound by the directions passed by this Hon'ble Court and apologies for any inconvenience caused to this Hon'ble Court due to any act of the Deponent or by any other official of ICICI Bank Ltd."
4. The aforesaid contention of the Bank is entirely inexplicable. The warrants of attachment annexed with affidavit clearly refer to the order dated 31.05.2018 under which the attachment was directed. The Bank also admits receipt of the said order. The order dated 15.03.2022 expressly records that order dated 31.05.2018, attaching the bank accounts of judgment debtor, is recalled in view of the settlement arrived at between the parties. There was, in my view, no lack of clarity in this regard. The Bank was clearly directed not to keep the accounts frozen in terms of the order dated 31.05.2018. The Bank is directed to comply with the order dated 15.03.2022 within two weeks from today. It is made clear that order dated 31.05.2018 is no longer operative and no account of the judgment debtor is to be kept attached on account of the said order.
5. It is however clarified that, in the event there is any other direction Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (ENF.) (COMM.) 33/2018 Page 3 of 4 Signing Date:22.02.2023 18:42:45 of the Reserve Bank of India or any other reason for keeping the accounts frozen, the Bank may do so and the judgment debtor may avail such remedies as it is entitled to in this regard. In such an event, the judgment debtor will be informed of the reasons for keeping the accounts under attachment within two weeks from today.
6. As the aforesaid affidavit discloses an entirely unreasonable attitude on the part of the Bank, the Bank will pay costs of this application to the judgment debtor, assessed at Rs. 10,000/-.
7. The application stands disposed of.
PRATEEK JALAN, J FEBRUARY 21, 2023 'vp'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (ENF.) (COMM.) 33/2018 Page 4 of 4 Signing Date:22.02.2023 18:42:45