DEVESH LAXMAN S/O DINESH CHAND BAIHWAL v. EQUITAS SMALL FINANCE BANK
CW/15610/2025 · 2025-11-18
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42939 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42939 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:46543] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15610/2025 Devesh Laxman S/o Dinesh Chand Baihwal, Aged About 21 Years, R/o Sd82 Shanti Nagar, Near Esi Hospital No 4, Khatipura Road, Jaipur, Rajasthan-302006 ----Petitioner Versus
1. Equitas Small Finance Bank, Through Its Chairman, Equitas Small Finance Bank House, 4Th Floor, Phase Ii, Spencer Plaza, No. 769, Mount Road, Anna Salai, Chennai, Tamil Nadu, India - 600 002
2. The Branch Manager, Equitas Small Finance Bank, C- Scheme Branch, Shop No. 38, 39 And 40, Ground Floor, Laxmi Complex, Subhash Marg, C-Scheme, Jaipur - 302001
3. The Police Commissioner, Coimbatore City, 62, Old Post Office Road, Near Railway Station, Opposite Collector Office, Gopalapuram, Coimbatore, Tamil Nadu, 641018 ----Respondents For Petitioner(s) : Mr. Rakshit Jaimini, Adv. Mr. Himanshu, Adv. For Respondent(s) : Mr. Somitra Chaturvedi, Dy GC Mr. Vineet Sharma, Adv. Ms. Neha Sharma, Adv.
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 18/11/2025
1. The instant writ petition is filed by the petitioner with the following prayer:-
“In view of the facts stated above and in the interests of Justice, the Petitioner most humbly prays that this Hon’ble Court may be pleased to: A. Issue a writ, order or direction in the nature of certiorari quashing the impugned action of freezing the petitioner’s
savings
account
No.100050091533 maintained with Equitas Small Finance Bank, C-Scheme Branch, Jaipur;
[2025:RJ-JP:46543] (2 of 3) [CW-15610/2025] B. Issue a writ, order or direction in the nature of mandamus directing the Respondents (I) Immediately defreeze the Petitioner's aforesaid bank account; and (ii) Permit the petitioner to operate the account without any hindrance for all legitimate transactions, while retaining only the disputed sum of Rs.5,000/- by way of appropriate safeguards/lien as this Hon’ble Court may deem fit; C. Pass any other order(s) as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case.”
2.
Learned counsel for the petitioner submits that the petitioner has not misused his bank account for the purpose of illegal transaction and he has not committed any Cyber Crime.
3.
Learned counsel for the petitioner submits that the petitioner is ready to cooperate with the investigating agency. He, therefore, prays that the disputed amount, which has been received in the petitioner’s bank account No.100050091533 in Equitas Small Finance Bank, Branch C-Scheme, Jaipur may be withheld and he may be allowed to operate the bank account, he is facing problem in day to day money transaction.
4.
Learned counsel for the respondents does not opposed the
submissions of the learned counsel for the petitioner.
5. In view of the submissions made before this Court, the direction is issued to the respondent-bank to de-freeze the saving account No.100050091533 in Equitas Small Finance Bank, Branch C-Scheme, Jaipur. However, the disputed amount or any other amount as intimated by the investigation agency, which has been credited in the petitioner’s account in connection with fraudulent transactions shall remain freezed. It is further made clear that keeping the disputed amount aside the petitioner will be allowed to operate his aforementioned savings account for day to day
[2025:RJ-JP:46543] (3 of 3) [CW-15610/2025] money transactions. It is further directed that only the disputed amount, which has been alleged to have been credited in the petitioner’s account shall be freezed in the account of the petitioner and he will be allowed to operate his account.
6. It is made clear that the petitioner will cooperate with the investigating officer and he will appear before investigating agency as and when required. It is also ordered that the petitioner shall not close or discontinue his above mentioned bank account with the respondent-bank till the investigation is completed by the investigating agency. It is also made clear that in case, after the investigation, the involvement of the petitioner is found in any illegal transaction, the investigating agency would be free to proceed against the petitioner in accordance with law.
7. With the aforesaid observations, the petition stands disposed of.
8. Stay application and other application(s), if any, stands
disposed of.
(SANJEET PUROHIT),J AVINASH GULERIA /168