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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13558 of 2025 Sidhartha Rath …. Petitioner Mr. R. R. Dash, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. Sonak Mishra, ASC Mr. M. K. Mohapatra, Advocate for Bank
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 20.06.2025
02.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner, by filing this Writ Petition, has sought for a direction from this Court to the Opposite Party No.2 to defreeze his bank account.
3.
Learned counsel for the Petitioner submits that the Petitioner is a businessman carrying on business as wholesaler and trader of Mtal Scraps through M/s. Shree Jagannath Metals, a Proprietorship concern represented through the Petitioner having a Current Account bearing No. 1206102100000531 maintained at Punjab National Bank, IFSC Code- PUNB0120610, Rabitakies Branch, Bhubaneswar i.e. under Opposite Party No-3 for the purpose of business. On 07/04/2025, the Petitioner received a sum of Rs.9,22,305/- p. 2 from a client, named, Skyline Enterprises in his Current Account for the supply of Metal Scraps. The materials were duly loaded, and arrangements for delivery of the same were made. The Petitioner also given 2 Security Cheques for the same. However, after all the arrangements, the client i.e Skyline Enterprises represented through its proprietor refused to accept the goods and demanded a refund. The Petitioner, acting in good faith, agreed to refund the amount. But, before processing of the refund, the Petitioner discovered that his Current Account was frozen, and on inquiry, came to know through online reports and oral information of the owner of Sky Line Enterprises that the Cyber Crime Cell had frozen the account, on the basis of a complaint from the said client. No notice, FIR, or opportunity of hearing was ever given. Moreover, the Petitioner approached the Cyber Cell, Bhubaneswar i.e. Opposite Party No-2 requesting to defreeze the account so that the amount could be returned. But, the authorities refused to receive any written complaint or provide any official clarification. Thereafter, other business and personal accounts connected to the Petitioner and his family, customers and his sister in law's savings account, were also arbitrarily frozen without legal justification or investigation. The freezing of all accounts has brought the Petitioner's p. 3 business to a complete halt. In such premises, the Petitioner is unable to pay his vendors, fulfill contracts, or even meet household expenses. Hence, this Writ Petition.
4. Considering the submissions made and on going through the averments made in this Writ Petition, the Petitioner is directed to up to date the KYC of his bank account. In such event, after updatation of the KYC, the Bank is directed to defreeze the bank account of the Petitioner.
5. The Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge
Gitanjali