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2025 DAILYLAW 49053 (KAR)

B M SREENIVASAIAH EDUCATIONAL TRUST v. AXIS BANK LIMITED

WP/33011/2025 · 2025-12-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52131 WP No. 33011 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33011 OF 2025 (GM-RES) BETWEEN: B M SREENIVASAIAH EDUCATIONAL TRUST REGISTERED UNDER THE INDIAN TRUST ACT- 1882 HAVING ITS OFFICE AT P. O. BOX NO. 1908, BULL TEMPLE ROAD, BENGALURU - 560 019. REPRESENTED BY DONOR TRUSTEE MRS. RAGINI NARAYAN …PETITIONER (BY SRI. BADRI VISHAL, ADVOCATE) AND: 1. AXIS BANK LIMITED JAYANAGAR, 3RD BLOCK BENGALURU - 560034 REPRESENTED BY ITS MANAGER. 2. STATION HOUSE OFFICER CYBER CRIME POLICE STATION, THIRUVNANTHAPURAM CITY, KERALA-695014 …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.1 TO REMOVE ALL THE FREEZING CREATED ON THE PETITIONERS BANK ACCOUNT BEARING ACCOUNT NO. 921010028127142 MAINTAINED WITH AXIS BANK, JAYANAGAR BRANCH. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52131 WP No. 33011 of 2025 ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ, order or direction directing the respondent no.1 to remove all the freezing created on the petitioners bank account bearing account no. 921010028127142 maintained with axis bank, Jayanagar branch. b. Issue a writ, order or direction directing the respondent no.1 to restore full operational access to the bank account of the petitioner bearing account no. 921010028127142 maintained with axis bank, Jayanagar branch. c. Grant any other such reliefs or issue any other order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of the case to meet the ends of justice. 2. Both the counsels submit that this matter could be disposed of in terms of the order dated 14.11.2025 in W.P.No.30887/2024 along with connected matters. 3. A Co-Ordinate Bench of this Court vide the aforesaid order has referred to the Circular dated 20.07.2024 and the Standing Order No.1041 dated 18.03.2025, which had been issued would indicate that the Banks - 3 - HC-KAR NC: 2025:KHC:52131 WP No. 33011 of 2025 can only freeze the account to an extent marked for lien and not the entire Bank accounts. 4. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) Respondent No.1/Bank is directed to communicate to the Petitioner the amounts that are marked for lien by the Authorities and also permit the Petitioner to operate the account beyond the amounts marked for lien. iii) Respondent No.1/Bank is also directed to forward the above order to the concerned Authority, who would mark the lien so as to enable that Authority to take such action as the Authority may deal with. SD/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 2 Sl No.: 5