R/SCR.A/8849/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8849 of 2025 ========================================================== UMIYA FLEXIPACK THROUGH NIRAVKUMAR RAMESHBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR BHARAT K DAVE(246) for the Applicant(s) No. 1 MS HARDIKA B DAVE(6410) for the Applicant(s) No. 1 MR CR ABICHANDANI(2421) for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 3 NOTICE THROUGH SPEED POST SERVED for the Respondent(s) No. 3 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/10/2025 ORAL ORDER Though served, respondent No.3 has chosen not to appear before this Court. 1. Heard learned advocates for the respective parties. 2. The present petition under Article 226 of the Constitution of India is 8led by the petitioner seeking a writ of mandamus / certiorari or any other appropriate writ, order or direction declaring the action of respondent No.2 dated 15/05/2025 (Annexure-A) of putting a hold on petitioner’s Bank Account No.50200031912946 as illegal and violative of Articles 14, 19(1)(g) and 21 of the Constitution and direct respondent No.2 to remove the hold on the petitioner’s bank account. 3. Brief facts of the case are that the petitioner’s HDFC Bank Current Account was inactivated on 05.05.2025 which the petitioner came to know on 15.05.2025 when respondent No.2 HDFC Bank informed the petitioner that petitioner’s bank account was put on R/SCR.A/8849/2025 ORDER DATED: 13/10/2025 hold for an amount of Rs.2,01,392/- in lieu of notice under Sections 94 and 106 of the BNS issued to respondent No.2 by respondent No.3 in refernece to NCERP Ack No.20205250019382. That, being aggrieved by illegal hold of amount of Rs.2,01,392/- on the petitioner’s bank account, the petitioner has 8led the present petition. 4. Learned advocate for the petitioner submits that hold on amount of Rs.2,01,392/- from the account of petitioner has been illegally kept without prior notice. Respondent No.2 informed the petitioner that the alleged hold has been put on account of instructions from respondent No.3. It is submitted that the respondent authorities, without following the due process of law, has put on hold on the amount of Rs.2,01,392/- in petitioner’s bank account maintained with Respondent No.2 – HDFC Bank and without aEording an opportunity of hearing to the petitioner as contemplated under Section 120 of the Cr.P.C. Therefore, it is prayed that the present petition be allowed by directing the respondent authorities to remove the alleged hold. 5. Mr. C.R. Abhichandani, learned advocate appearing for Respondent No.2 – HDFC Bank submitted that the Bank has nothing to do with the dispute, as it is merely complying with the instructions of the competent authority. If the Bank fails to do so, it would have to face consequences amounting to a violation of the order passed by the lawful authority. He further submitted that whatever direction is passed by this Hon’ble Court, the Bank is ready and willing to comply with the same and remove the hold keeping lien as per the intimation received. 6. Having heard the learned advocates for the respective parties and upon perusal of the record, this Court is of the view that the R/SCR.A/8849/2025 ORDER DATED: 13/10/2025 present petition deserves consideration. Respondent No.2 – HDFC Bank is directed to forthwith remove the hold on the amount of Rs.2,01,392/- keeping lien of the same amount in the petitioner’s Current Account No.50200031912946, while keeping lien an amount of Rs.2,01,392/- (Rupees Two Lakh One Thousand Three Hundred and Ninety-two only) and petitioner is permitted to operate the said bank account forthwith. The aforesaid lien shall remain subject to any further orders, directions, or communications issued by any competent/lawful authority through email or any other mode. Upon receipt of appropriate communication from such competent authority, Respondent No.2 shall take necessary action in accordance with law. 7. With the aforesaid directions, the present petition stands disposed of. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/10/2025 18:26:50