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2025 DAILYLAW 23092 (KAR)

MR. VINAY P v. HDFC BANK LTD

WP/10772/2025 · 2025-06-30

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23097 WP No. 10772 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10772 OF 2025 (GM-RES) BETWEEN: 1. MR. VINAY P C/O PRASANNA KUMAR, AGED ABOUT 31 YEARS, R/@ NO.88, 1ST FLOOR, 5A CROSS, OPP ST PETER SCHOOL ROAD, DWARKA NAGAR, BANGALORE - 560 085. …PETITIONER (BY SRI. SHRIRAM ADIGA., ADVOCATE) AND: 1. HDFC BANK LTD REPRESENTED BY, THE BRANCH MANAGER HDFC BANK, ADDRESSED AT, NO.3989&3988 HOSAKEREHALLI, MAIN ROAD 4TH PHASE GIRINAGAR, BENGALURU - 560 085. 2. STATE OF KARNATAKA BY SOUTH CEN P.S REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BENGALURU-560 001. (AMENDED AS PER ORDER DATED 21.04.2025) …RESPONDENTS (BY SRI. JAI M PATIL., ADVOCATE FOR R1; Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23097 WP No. 10772 of 2025 SRI. FRANCIS XAVIER, ADVOCATE FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO DEFREEZE THE ACCOUNTS OF THE PETITIONER AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK A/C NO.50100418975740, IFSC- HDFC0004132 MAINTAINED IN HDFC BANK LTD, HOSAKEREHALLI BRANCH, BENGALURU, KARNATAKA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ in the nature of mandamus directing the respondent-Bank to defreeze the account of the petitioner and permit the petitioner herein to use and operate the Bank Account No.50100418975740 maintained in HDFC Bank Ltd., Hosakerehalli Branch, Bengaluru. 2. It is the case of the petitioner that the instruction to the bank by the Investigating Authority is only for the transaction of Rs.21,000/- which finds a mention in the bank records viz., transaction dated 28.01.2024. It is submitted that - 3 - HC-KAR NC: 2025:KHC:23097 WP No. 10772 of 2025 beyond such transaction, there is no assertion of any instruction. 3. Taking note of the same, debit freeze for an amount of Rs.21,000/- may be made absolute subject to further proceedings and directions by the Investigating Authority. Beyond the said sum, the amount in the account must be made available to be used at the will of the petitioner. 4. Needless to state, if there is any further instructions by the Investigating Authority, respondent-Bank may take recourse to the same only. Respondent-Bank to verify if there is any other instruction of debit freeze and is at liberty to issue necessary instructions for debit freeze and after ordering for debit freeze as regards such amount, the remaining amount may be defreezed. 5. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP