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2025 DAILYLAW 75329 (KAR)

VIDUAL COMMUNICATIONS INDIA PRIVATE LIMITED v. THE AXIS BANK,

WP/18108/2025 · 2025-11-14

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18108 OF 2025 (GM-RES) BETWEEN: VIDUAL COMMUNICATIONS INDIA PRIVATE LIMITED 8TH FLOOR, THE ESTATE BUILDING, SIVAN CHETTY GARDENS, DICKENSON ROAD, INCORPORATED UNDER THE COMPANIES ACT 2013 BANGALORE, KARNATAKA - 560042 REPRESENTED BY ITS DIRECTOR, MR. MANOJ DEWANGAN, AGED ABOUT 42 YEARS, S/O DEENDAYAL DEWANGAN, R/AT NO 35, FLOWER GARDEN, 8TH CROSS, MYSORE ROAD BANGALORE, KARNATAKA - 560018. …PETITIONER (BY SRI. NANDEESH.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 AND: 1. THE AXIS BANK, A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956. REP BY ITS BRANCH MANAGER NO. 9, M.G. ROAD, BLOCK A, IFSC-UTIBO000009, BANGALORE, KARNATAKA - 560001. 2. THE IDBI BANK, A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956. D NO 41 (OLD 21), OPP RNS COLLEGE, UTTARAHALLI KENGERI ROAD, CHENNASANDRA, IFSC- IBKL0002115 BANGALORE, KARNATAKA-560061. 3. THE STATE BANK OF INDIA, A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956. REP BY ITS BRANCH MANAGER STATE BANK OF INDIA, NO 251, 60 FEET RD, KENCHENAHALLI, - 3 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 HALEGEVDARAHALLI RD, RAJARAJESHWARI NAGAR, IFSC SBIN0016223 BENGALURU, KARNATAKA 560098. 4. THE DBS BANK LTD A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956. REP BY ITS BRANCH MANAGER SALARPURIA WINDSOR, 3 ULSOOR ROAD, IFSC- DBSSOIN0827 BANGALORE, KARNATAKA - 560042. 5. THE HDFC BANK A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS, UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956. REP BY ITS BRANCH MANAGER NAVJIVAN, 1ST FLOOR, 54/1A, HAZRA ROAD, BALLYGUNGE, OPP. HAZRA LAW COLLEGE, IFSC- HDFC0000516 KOLKATA, WEST BENGAL-700019. 6. THE IDFC FIRST BANK A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956 REP BY ITS BRANCH MANAGER SAKET BUILDING, 1ST FLOOR, 44,PARK STREET, IFSC-IDFB0060101 - 4 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 KOLKATA WEST BENGAL-700017. 7. THE YES BANK A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956. REP BY ITS BRANCH MANAGER GROUND FLOOR, LK BUILDING, SECTOR E, MAIN ROAD, IFSC- YESB0000150 ITANAGAR, ARUNACHAL PRADESH - 791 111. 8. THE STATE BANK OF INDIA A BANKING COMPANY CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956 REP BY ITS BRANCH MANAGER 1, MIDDLETON STREET, IFSC SBIN0003762 KOLKATA, WEST BENGAL 700071. …RESPONDENTS (BY (BY SRI. SHANTHI BHUSHAN A/W SRI. P. PRASANNA KUMAR A/W SRI. H.V. BHANUPRAKASH AMICUS CURIAE SMT. JAI M PATIL., ADVOCATE FOR R1; SRI. VIGNESH V SHETTY., ADVOCATE FOR R8; SRI. M.R. SHAHSIDHAR., ADVOCATE FOR R4; SRI. R. PUSHKAR., ADVOCATE FOR R6; SRI. ANAND MUTTALI., ADVOCATE FOR R5; SRI. FRANCIS XAVIER., ADVOCATE FOR R7; SRI. VIGNESH V SHETTY., ADVOCATE FOR R3) - 5 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECT THE RESPONDENT NO.1 TO 8, WHILE COMPLYING THE LAW ENFORCEMENT AGENCIES/ POLICE OFFICIALS NOTICE U/S 102 OF CODE OF CRIMINAL PROCEDURE CODE, 1973 AND U/S 106 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 INSTEAD OF DEBIT FREEZING OR FREEZING THE ENTIRE OPERATION OF PETITIONER TEN BANK ACCOUNTS I.E., AXIS BANK AC. NO. 924020030562281, IDBI BANK AC. NO. 2115102000007344, STATE BANK OF INDIA AC. NO. 44126822749, DBS BANK LTD AC. NO. 8827210000041195, HDFC BANK AC. NO. 50200030251661, IDFC FIRST BANK AC. NO. 10142847224, YES BANK AC. NO. 015081400000013 AND AC. NO. 015081400000126 THE STATE BANK OF INDIA AC. NO. 42350915904 AND AC. NO. 42043581447, MARK A LIEN ONLY TO THE EXTENT OF DISPUTED AMOUNT WHICH EXACTLY RECEIVED BY PETITIONER ABOVE TEN BANK ACCOUNTS FROM MONEY TRAIL THROUGH UTR NUMBERS/ TRANSACTION ID S. ANNEXURE - A TO N.GRANT AN INTERIM ORDER TO GRANT AN INTERIM ORDER OF STAY, RETRAINING THE RESPONDENT NO.1 TO DEBIT FREEZING OR FREEZING THE ENTIRE OPERATION OF PETITIONER BANK ACCOUNT NO. I.E., 924020030562281, IFSC CODE UTIB0000009.ANNEXURE - A TO N. - 6 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner seeks directions to the respective Banks to de-freeze its corresponding accounts and to permit it to operate its bank accounts. This Court has heard not just Sri Nandeesh, the learned counsel who is on record for the petitioner but also the learned counsels for the respective Banks and Sri H.V. Bhanu Prakash, the learned Additional Advocate General, Sri P. Prasanna Kumar and Sri Shanti Bhushan H, the learned amici curiae, who are assisting this Court in disposal of similar matters. 2. The petitioner's grievance is because the corresponding Banks have frozen its respective accounts. The Banks have frozen its accounts because of communications from the different Police Officers as mentioned in this petition. Sri Nandeesh - 7 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 submits, with the advantage of the arguments that have been advanced on the larger question on whether the account holders must receive due information about the amounts marked for lien on receipt of a complaint, that the grievance of this petitioner would be addressed if this Court disposes of the petition with directions to the corresponding Banks to limit freezing to the amounts marked for lien by the concerned Police and permit it to operate the accounts beyond the amounts marked for lien. 3. Sri H.V. Bhanu Prakash and Sri Shanthi Bhushan H are categorical that instructions have been issued to all the Banks to limit the de-freezing to the amounts marked for lien and not restrict the account holders from operating the accounts beyond the amounts marked for lien. In fact, Sri H.V. Bhanu Prakash invites this Court's attention to the Circular dated 20.07.2024 and the Standing Order No.1041 dated 18.03.2025 to emphasize that the Police - 8 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 Investigation Authorities within the State have been called upon not to issue any directions to freeze the bank accounts without justifiable reasons and if an account has to be frozen, it should only be to the extent of the suspected transaction. The relevant part of the Circular reads as under: "ಾವೇ ತ ೆ ಸಂಬಂಧ ಆೋತ ವ ಅಥಾ ಇತೆ ಾವೇ ವಗಳ ಅಥಾ ಸಂೆಗಳ ಾಂ ಾ!ೆಗಳ"# ತ ೆ$ೆ ಸಂಬಂ%&ದ (ತ ಜ* ಆ+ದ,"# ಅಥಾ ಇತರ ಸಂದಭ/ಗಳ"# ಈ 1ೆಳ+ನ ಕ4ಮಗಳನು7 ಅನುಸ8ಸತಕ9ದು,. 1) (ದಲ;ೆಯಾ+ ಸ1ಾರಣ>ಲ#ೆ ಾವೇ ಾಂ ಾ!ೆಗಳನು7 ?4ೕ@ Aಾಡತಕ9ದ,ಲ#. ಒಂದು ೇDೆ ?4ೕ@ Aಾಡುವ ಸಂದಭ/ ಬಂದ"# ಸಂಶಾಸFದ (ತ (Lien Amount) ವನು7 Aಾತ4 ?4ೕ@ Aಾಡತಕ9ದು,. ಸಂಪHಣ/ ಾಂ ಾ!ೆಯನು7 ?4ೕ@ Aಾಡತಕ9ದ,ಲ#. 2) ಒಂದು ೇDೆ ಸಂಪHಣ/ ಾ!ೆಯನು7 ?4ೕ@ Aಾಡೇ1ಾದ"# ಸೂಕ ಸಮIಾJK ಮತು ಸ1ಾರಣಗDೆLಂM$ೆ ತಮ$ೆ ಸಂಬಂಧಪಟO ಅಪರ P"ೕQ ಆಯುಕರು ರವ8ಂದ "Rತ ಅನುಮS ಪTೆದು ?4ೕ@ Aಾಡುವದು. 3) ಾವೇ ಾಂ ;ೊಂM$ೆ ಪತ4 ವವUಾರ AಾVಾಗ Bankers Books Evidence Act-1891 ನ"# ೕVರುವ ಸೂಚ;ೆಗಳನು7 ಕTಾXಯಾ+ Yಾಲ;ೆ Aಾಡತಕ9ದು,. 4) ಾವೇ ಾಂ ಾ!ೆಗಳನು7 ಮತು ಾ!ೆಗಳ Lien Amount ಗಳನು7 ?4ೕ@ AಾVದ"#. ಕೂಡ]ೆ ಈ Aಾ^Sಯನು7 ಸಂಬಂಧಪಟO ;ಾಾಲಯ1ೆ9 ಕTಾXಯಾ+ ಸ"#ಸತಕ9ದು,. - 9 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 5) ಈ ಸು!ೋ]ೆಯನು7 _ೕ8 ವS/ಸುವ ತ ಾ%1ಾ8ಗಳ >ರುದ` ಸUಾಯಕ P"ೕQ ಆಯುಕರು/ ಉಪ P"ೕQ ಆಯುಕರುಗಳb c&ನ ಕ4ಮ1ಾ9+ ವರM ಸ"#ಸತಕ9ದು,." In the light of this, the petitioner seeks disposal of this petition, with a direction to the corresponding Banks to limit the freezing to the amounts marked for lien and this Court is of the view that the petition, without prejudice to the petitioner's rights, otherwise must be disposed of directing the corresponding Banks to communicate the amounts marked for lien as part of investigation and permit the petitioner to operate the accounts otherwise. As such, the following: ORDER [i] The petition is disposed of directing the respective Banks to communicate to the petitioner the amounts that are marked for lien by the authorities and also permit it to operate the accounts beyond the amounts marked for lien. - 10 - HC-KAR NC: 2025:KHC:46779 W.P.No. 18108/2025 [ii] The petitioner is reserved with liberty to file a certified copy of this order within two [2] weeks from the date of receipt of a copy of this order and the corresponding Banks shall inform the amounts marked for lien and permit the petitioner to operate the accounts beyond such amounts forthwith. [iii] It is needless to observe that if the authorities for reasons have not marked the amounts to be on lien, the petitioner must avail its remedy in accordance with law. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 0