WP(C) No.4026 of 2025 1 2025:KER:28557 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 4026 OF 2025 PETITIONER: SUDHEESH.K AGED 44 YEARS S/O.SREEDHARAN, KIZHUVANCHERI, MUDUR, VATTAMKULAM, MALAPPURAM –, PIN - 679578 BY ADV ANJANA KANNATH RESPONDENTS: 1 THE RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA –, PIN - 400029 2 HDFC BANK EDAPPAL BRANCH, VEE PEE TOWER, 1ST FLOOR, EDAPPAL, MALAPPURAM REPRESENTED BY BRANCH MANAGER, PIN - 679576 3 RATHEESH S/O.MADHAVAN, KOLATHARA, KALADI P.O, VERUR DESOM, PONNANI TALUK, MALAPPURAM -, PIN - 679582 BY ADVS. GOPIKRISHNAN NAMBIAR M, K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) PRANOY HARILAL(K/931/2018) AKHILA NAMBIAR(K/737/2021) SC SRI PREMCHAND DSGI SRI DINESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.4026 of 2025 2 2025:KER:28557 JUDGMENT Dated this the 1st day of April, 2025 The writ petition is filed to direct the 2nd respondent bank to lift the freezing of the petitioner’s bank account bearing No.50100284171252. 2. The petitioner is the holder of the above bank account with the 2nd respondent bank. Based on a complaint submitted by the 3rd respondent, the 2nd respondent bank has freezed the petitioner’s bank account. The action of the 2nd respondent bank is illegal and arbitrary. Hence, the writ petition 3. Heard; the learned counsel appearing for the petitioner, the learned counsel for the 1st respondent and the learned counsel for the 2nd respondent bank. 4. The learned counsel appearing for the 2nd respondent bank submitted that, the petitioner’s bank account has been freezed based on a complaint given by the 3rd respondent. Indisputably, the 3rd respondent is a private person. If the 3rd respondent has any grievance, it is up to him to approach the jurisdictional Court and work out his WP(C) No.4026 of 2025 3 2025:KER:28557 remedies, in accordance with law. The 2nd respondent has no legal authority to freeze the bank account of the petitioner based on a complaint given by the 3rd respondent. 5. When the writ petition came up for consideration on 07.03.2025, this Court directed the 2nd respondent bank to permit the petitioner to operate his bank account, without marking any lien or debiting any amount. 6. On a consideration of the facts and the materials on record, I am of the view that the writ petition be disposed of by making the interim order dated 07.03.2025 absolute. In the said circumstances, I allow the writ petition by making the interim order dated 07.03.2025 absolute. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.4026 of 2025 4 2025:KER:28557 APPENDIX OF WP(C) 4026/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE PARTNERSHIP AGREEMENT DATED 25.11.2021 Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 02.01.2024 Exhibit P3 TRUE COPY OF THE E-MAIL SENT BY THE 2ND RESPONDENT BANK DATED NIL Exhibit P4 TRUE COPY OF THE E-MAIL COMMUNICATION SENT TO THE 1ST RESPONDENT DATED 15.1.2025 Exhibit P5 TRUE COPY OF THE E-MAIL COMMUNICATION SENT TO THE 2ND RESPONDENT DATED NIL