Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 28502 (RAJ)

DINESH SEVKANI S/O RAJ KUMAR SEVKANI v. ICICI BANK

CW/12905/2025 · 2025-09-11

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:37084] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12905/2025 Dinesh Sevkani S/o Raj Kumar Sevkani, aged about 30 Years, Flat No. 604 Plat Noc- 151, Mahal Yojana, Mahal Scheme, Pratap Nagar, Jaipur, Shrikishanpura, Jaipur, Po- Sitapura Industrial Area, Dist- Jaipur, Rajasthan- 302022. ----Petitioner Versus 1. ICICI Bank, through its Regional Nodal Officer, 4Th Floor, Jaipur Stock Exchange Building, JLN Marg, Malviya Nagar, Jaipur, Rajasthan, 302017. 2. Inspector of Police, Police Station Sonipat, Sonipat, Haryana Pin Code- 131001. 3. Inspector of Police, Police Station Neem Ka Thana Sadar, Neem Ka Thana, Rajasthan. Pin Code- 332713. ----Respondents For Petitioner(s) : Mr.Adarsh Singhal For Respondent(s) : Ms.Suruchi Kasliwal with Mr.Vikram Singh Ms.Neha Sharma for Mr.Vineet Sharma JUSTICE ANOOP KUMAR DHAND Order 11/09/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, humbly prayed that yours lordships may graciously be pleased to accept and allow this writ petition by calling the entire record and after perusal of the same: (i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondent Bank to immediately [2025:RJ-JP:37084] (2 of 4) [CW-12905/2025] unfreeze the current account of the Petitioner bearing Account No.676905601877, ICICI Bank, Rajasthan, Rajasthan. (ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any communication received from Cyber Crime Authorities, if any. (iii) Declare that the action of the Respondent Bank is arbitrary, illegal and violative of Article 14, 19(1) (g) and 300A of the Constitution of India. (iv) Award costs of this petition in favour of the Petitioner. (v) Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case. (vi) Any other appropriate order or direction which is deemed just and proper in the facts and circumstance by this Hon’ble Court may also be passed in favour of the petitioner’s committee.” 2. Learned counsel for the petitioner submits that the petitioner is seeking direction against the respondent-Bank for defreezing the account bearing No.676905601877 with ICICI Bank, Rajasthan, Rajasthan. Counsel submits that it appears that certain crime was committed by an accused and a sum of Rs.576/- was deposited in the bank account of the petitioner, i.e., 676905601877 and only on this count, the respondents have freezed the entire account of the petitioner. Counsel submits that because of such action on the part of the respondent-Bank, the petitioner is not in a position to operate his bank account, which is causing serious financial loss to him. Counsel further submits that the petitioner is ready and willing to co-operate with the [2025:RJ-JP:37084] (3 of 4) [CW-12905/2025] Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon. He, therefore, submits that the disputed amount which has been received in the petitioner’s account may be freezed but, the amount other than the disputed amount may be allowed to be withdrawn. He further submits that the petitioner may be allowed to operate his bank account and make transactions. 3. Per contra, learned counsel for the respondent-Bank opposes the arguments raised by learned counsel for the petitioner and submits that certain complaints were received with regard to the commission of cyber crime and the amount being deposited in the bank account of the petitioner and that is why, the bank account of the petitioner has been seized, therefore under these circumstances, the petitioner cannot be allowed to operate his bank account and the instant writ petition is liable to be rejected. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Looking to the fact that no material has been placed on record to show that the petitioner or his account is involved in any sort of cyber crime, it is evident that certain amount was deposited in the account of the petitioner and only on this count alone, his bank account has been freezed and the bank is only concerned with the disputed amount, which was deposited in the bank account of the petitioner. 6. In view of the above, the instant writ petition stands disposed of by issuing direction to the respondent-Bank to de- freeze the bank account of the petitioner bearing No.676905601877 with the ICICI Bank, Rajasthan, Rajasthan and [2025:RJ-JP:37084] (4 of 4) [CW-12905/2025] the petitioner shall be allowed to operate the aforesaid account and make transactions. However, the respondent-Bank is directed to freeze the disputed amount only, which is alleged to be involved in the fraudulent transactions. 7. It is made clear that the petitioner will co-operate with the Bank Authorities and the Investigating Agencies and will appear before them as and when required. It is also ordered that the petitioner shall not close or discontinue the aforesaid bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so. 8. It is further ordered that after the investigation, if the petitioner is found involved in any illegal transaction, he shall be liable to pay the amount involved in the illegal transaction and will face the enquiry/investigation as per the law. It is also ordered that the respondent-Bank will be free to transfer the disputed amount from the account of the petitioner to the account from which it has been transferred in his account. 9. Stay petition and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /104