[2025:RJ-JP:37085] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12966/2025 E-Dhara Payment Solution Private Limited, Registered Office At 1St Floor, Mitra Nagar (Mahesh Nagar) Ratidangh, Captain Durga Prasad Chaudhari Marg, Aravali Vihar Colony, Ajmer, Rajasthan, 305004, Through It Director Sh. Ravi Borana S/o Sh. Ghanshyam Borana ----Petitioner Versus 1. Union Of India, Through Secretary, Ministry Of Finance (Department Of Financial Services) Jeevan Deep Building, Sansad Marg, New Delhi - 110001 2. Yes Bank Limited, Through Its Branch Manager, Ground Floor, Plot No 248, Ana Sagar Circular Rd, Scheme, Vaishali Nagar, Ajmer, Rajasthan 305001 3. Reserve Bank Of India, Through Its Regional Office, Rambagh Circle, Tonk Road, Jaipur, Rajasthan, India -302 004 ----Respondents For Petitioner(s) : Mr.Anurag Mathur For Respondent(s) : Mr.Gaurav Jain Mr.Peush Nag 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 Your Lordships may graciously be pleased to accept and allow this writ petition by an appropriate writ, order or direction: (1) To the respondent No.2 (Yes Bank) directing it to immediately unfreeze the Petitioner’s bank [2025:RJ-JP:37085] (2 of 4) [CW-12966/2025] account bearing account number 060563400001008, maintained at its Ana Sagar Circular Rd, Scheme, Vaishali Nagar, Ajmer Branch, and restore full operational functionality; (2) Alternatively, to direct the Respondent No.2 (Yes Bank) to allow the Petitioner to operate the bank account partially, and specifically permit the petitioner to withdraw and utilize the excess amount lying in the account other than the amount that is directly tied up or under freeze pursuant to any investigation or inquiry initiated by a competent authority. (3) Any other appropriate order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner is seeking direction against the respondent-Bank for defreezing the account bearing No.060563400001008 with Yes Bank, maintained at Ana Sagar Circular Rd, Scheme, Vaishali Nagar, Ajmer Branch. Counsel submits that it appears that certain crime was committed by an accused and a sum of Rs.41,506/- was deposited in the bank account of the petitioner, i.e., 060563400001008 and only on this count, the respondent-Bank 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 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 [2025:RJ-JP:37085] (3 of 4) [CW-12966/2025] 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 for the transaction of money. 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 a cyber crime committed and an amount was deposited in the bank account of the petitioner in furtherance of the same 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, but looking to the fact 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 concern 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. 060563400001008 with the Yes Bank, Ana Sagar Circular Rd, Scheme, Vaishali Nagar, Ajmer Branch and the petitioner shall be allowed to operate the aforesaid account and make transactions. [2025:RJ-JP:37085] (4 of 4) [CW-12966/2025] However, the respondent-Bank is directed to freeze the disputed amount only, which is alleged to have been 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 /125