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2026 DAILYLAW 10091 (BOM)

BEATRIX HOLIDAYS PRIVATE LTD. REP THR DIRECTOR v. UNION OF INDIA THR ITS SECRETARY AND ANR

WPCR/372/2026 · 2026-09-21

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Judgment text

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Beatrix Holidays Pvt. Ltd. Vs. Union of India & Anr. __________________________________________________ 6 WPCR No. 372 of 2026 Sept. 21, 2026 Esha IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 372 OF 2026 BEATRIX HOLIDAYS PRIVATE LTD. Having office at Arrias, Soranto Vaddo, Shop No. 166/1-S8, 1st Floor, Mervana, Paradise, Grand Morrod, Nagva, Arpora, Goa-403516, House No. 166/1, Shop No. 7, 1st Floor Arrais Waddo, Nagoa, Arpora, Goa- 430 516. Represented through Director Mr. Gaurish Ratnakar Shirodkar, Resident of House No. 712, Vodlem Bhat, Forna Waddo, Mandur, Goa – 403 104. … PETITIONER ~ VERSUS ~ 1. UNION OF INDIA, Ministry of Home Affairs, through it's Secretary. 2. SOUTH INDIAN BANK, Panaji Branch, Through the Bank Manager, Shop No. 10 & 11, Navelcar Arcade, Panaji, Goa. … RESPONDENTS APPEARANCES: for the Petitioner Mr. Roger Ray D’Souza Vito with Mr. Nafeez Khan for Respondent No. 1 Central Govt. Standing Counsel, Mr. Raviraj Chodankar for Respondent No. 2 Ms. Priyanka Kamat 2026:BHC-GOA:1889-DB Beatrix Holidays Pvt. Ltd. Vs. Union of India & Anr. __________________________________________________ 6 WPCR No. 372 of 2026 Sept. 21, 2026 CORAM : VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ. DATED : 21st SEPTEMBER 2026 ORAL JUDGMENT: (per VALMIKI MENEZES, J.) 1. Heard the learned Counsel appearing for the Petitioner and the learned Counsel for the Respondents. 2. Rule. Mr. Raviraj Chodankar, learned Central Government Standing Counsel waives service on behalf of Respondent No. 1 and Ms. Priyanka Kamat waives service on behalf of Respondent No. 2. Rule is made returnable forthwith by consent of parties. 3. The relief sought in this Petition is for a writ of mandamus and direction to Respondent No. 2-South Indian Bank, Panaji Branch to unfreeze the Petitioner’s Bank Account No. 0137073000001764 held by Respondent No. 2 in the said Branch. 4. According to the Petitioner, this Bank Account has been freezed by the said Bank based upon the information received through the Citizen Financial Cyber Fraud Reporting and Management System (CFCRMS) Module of the National Cyber Crime reporting portal and pursuant to the resolutions dated 25.02.2026, 13.12.2025, 31.12.2025, 07.01.2026 and 09.01.2026 of various investigating authorities in the State of Andhra Pradesh, Uttar Pradesh and Maharashtra. Beatrix Holidays Pvt. Ltd. Vs. Union of India & Anr. __________________________________________________ 6 WPCR No. 372 of 2026 Sept. 21, 2026 5. The communications which are annexed to the affidavit of the Bank does not state whether the Bank Account is directed to be attached, pursuant to the order of the Magistrate under Section 107 of the BNSS, 2023. The affidavit of the Bank also does not disclose whether such an order was passed. 6. We had issued notices to Respondent Nos. 3, 4, 5 and 6, who are the Complainants in the criminal investigations referred to in the said communications to Respondent No. 2-Bank. However, despite notices being issued, none of these Complainants have put in appearance. 7. From the correspondence which is before this Court i.e. the two emails dated 26.08.2026 and 29.08.2026, it appears that it has been recorded that the complaint bearing No. 20212250057221 referred to in Reference ID 202-2122-500-57-2210 has been withdrawn. 8. Considering that Respondent No. 2-Bank is unable to produce any order passed under Section 107 of the BNSS, it is evident that the freezing of the Petitioner’s Bank Account has been effected without any such order. 9. In this view of the matter, we make Rule absolute in terms of prayer clause (A) of the Petition, which reads as follows:- (A) This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus, or a writ, order or direction directing Respondent-Bank to immediately unfreeze Petitioner's bank account bearing account no. Beatrix Holidays Pvt. Ltd. Vs. Union of India & Anr. __________________________________________________ 6 WPCR No. 372 of 2026 Sept. 21, 2026 0137073000001764, in the South Indian Bank, Panaji Branch. 10. The Respondent No. 2-Bank shall forthwith defreeze the Account bearing No. 0137073000001764 of the Petitioner. We, however, leave it open to the Complainants, if they so wish, to take proceedings for recovering the amount due, if any, against the Petitioner, if so advised. 11. The Writ Petition stands disposed of. [ AMIT S. JAMSANDEKAR, J. ] [ VALMIKI MENEZES, J. ] Signed by: VAIGANKAR ESHA SAINATH Designation: Personal Assistant Date: 23/09/2026 13:25:35