HEMANTA DAS AND ANR v. THE STATE BANK OF INDIA AND 12 ORS
LPA/Sp.A/3045/2026 · 2026-08-18
Devashis Baruah
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 12210 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 12210 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/7 GAHC010111682026
2026:GAU-AS:11863
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3045/2026 HEMANTA DAS AND ANR S/O LATE GOPAL DAS, FLAT NO. 306, BAJALI HOUSE 3RD FLOOR, BANALAXMI PATH, BONGAON, BELTOLA, P.S.- BASISTHA, P.O.- BELTOLA, PIN- 781028, DISTRICT- KAMRUP M, ASSAM. 2: ARPITA DEB W/O SHRI HEMANTA DAS FLAT NO. 306 BAJALI HOUSE 3RD FLOOR BANALAXMI PATH BONGAON BELTOLA P.S.- BASISTHA P.O.- BELTOLA PIN- 781028 DISTRICT- KAMRUP M ASSAM VERSUS THE STATE BANK OF INDIA AND 12 ORS REPRESENTED BY THE CHAIRMAN, STATE BANK OF INDIA, CORPORATE CENTRE STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POINT, MUMBAI, MAHARASHTRA- 400021. 2:THE BRANCH MANAGER SBI SOUTH GUWAHATI BRANCH G.S. ROAD GUWAHATI KAMRUP ASSAM PIN- 781007. 3:THE HDFC BANK
Page No.# 2/7 REPRESENTED BY THE MANAGING DIRECTOR AND CEO OFFICE AT 4TH FLOOR HDFC HOUSE H T PAREKH MARG 165-166 BACKBAY RECLAMATION CHURCHGATE MUMBAI - 400020. 4:THE BRANCH MANAGER HDFC NOONMATI BRANCH MANI RAM DEWAN ROAD OPP BRAMHPUTRA FLOUR MILLS NOONMATI GUWAHATI KAMRUP ASSAM 781020. 5:THE BRANCH MANAGER SBI GMC BRANCH STATFED BUILDING BHANGAGARH GUWAHATI ASSAM PIN - 781005. 6:THE CITIZEN FINANCIAL CYBER FRAUD REPORTING AND FINANCIAL SYSTEM (CFCRMS) UNDER THE MINISTRY OF HOME AFFAIRS REPRESENTED BY ITS SECRETARY GOVT. OF INDIA OFFICE AT NORTH BLOCK OF THE CENTRAL SECRETARIAT NEW DELHI- 110001. 7:THE NODAL AGENCY MANAGING THE CFCFRMS INDIAN CYBERCRIME COORDINATION CENTRE (I4C) REPRESENTED BY THE CHIEF EXECUTIVE OFFICER OFFICE AT 5TH FLOOR NDCC-II BUILDING JAI SINGH ROAD NEW DELHI 110001. 8:STATE OF MAHARASHTRA REPRESENTED BY THE CHIEF SECRETARY TO THE STATE OF MAHARASHTRA OFFICE AT CS OFFICE MAIN BUILDING 6TH FLOOR
Page No.# 3/7 MANTRALAYA MADAME CAMA ROAD NARIMAN POINT MUMBAI 400032 MAHARASHTRA. 9:THE OFFICER IN CHARGE SENIOR POLICE INSPECTOR LOCAL HEAD OFFICE / LAW ENFORCEMENT AGENCY MAHARASHTRA NAGPUR CITY AJANI P.S.ADDRESS- NEAR VISHWAKARMA NAGAR RAMESHWARI RING ROAD EMPRESS MILL COLONY NAGPUR MAHARASHTRA 440027. 10:OFFICE OF THE RBI OMBUDSMAN (COMPLAINT MANAGEMENT SYSTEM) THE RESERVED BANK OF INDIA REPRESENTED BY DEPUTY OMBUDSMAN OFFICE AT- 3RD FLOOR STATION ROAD PANBAZAR GUWAHATI- 781001 ASSAM. 11:SHRI RATUL BORAH SON OF SHRI. NAGEN BORAH C/O. SHRI. HEMANTA DAS RESIDENT OF FLAT NO. 306 BAJALI HOUSE 3RD FLOOR BANALAXMI PATH BONGAON BELTOLA P.S.- BASISTHA P.O.- BELTOLA PIN- 781028 DISTRICT- KAMRUP M ASSAM. 12:DIPANKAR BARMAN SON OF SHRI.
CHABIN BARMAN OFFICE AT- 5TH FLOOR NH CENTRE POINT OPPOSITE BORA SERVICE PETROL PUMP G.S. ROAD ULUBARI
Page No.# 4/7 GUWAHATI ASSAM
781007. 13:VAIBHAV RAMTEKE (INFORMANT BEFORE CFCFRMS) REPRESENTED THROUGH THE AJANI P.S. MAHARASHTRA NAGPUR CITY ADDRESS- NEAR VISHWAKARMA NAGAR RAMESHWARI RING ROAD EMPRESS MILL COLONY NAGPUR MAHARASHTRA 440027
Advocate for the petitioner(s): Mr. SP Das
Advocate for the respondent(s): Mr. AK Sahewalla For respondent Nos.1, 2 and 5 Mr. M Smith For respondent Nos.3 and 4
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 19.08.2026
Heard Mr. SP Das, the learned counsel appearing on behalf of the Petitioners. Also heard Mr. AK Sahewalla, the learned counsel, who appears on behalf of the Respondent Nos.1, 2 and 5 and Mr. M Smith, the learned counsel who appears on behalf of the Respondent Nos.3 and 4. Page No.# 5/7
2. The case of the Petitioners herein is that the petitioners have invested in DB Stock Broking through the Respondent No.11 on account of certain incentives being provided by the Respondent No.11. It is the further case of the Petitioners that the Petitioners invested an amount of approximately Rs.7 Lakhs in the DB Stock Broking from December 2013, and everything was functioning smoothly. However, on 16.11.2024, one Shri Vaibhav Ramteke had lodged a complaint before the Respondent No. 6 stating that a cybercrime had been committed against him by DB Stock Broking. 3. It is the case of the Petitioners that an amount of Rs.4.5 Lakhs in the separate accounts of the Petitioners in total have been put on hold. It may not be out of place to mention that the Petitioner No.1 has two accounts. One Account is with the Respondent No.1, and the other Account is with the Respondent No. 3. The Petitioner No.2 has an Account with the Respondent No.1. The details of the Bank Account of the Petitioner No.1 are: (a). SBI Account No.20248455684 (GMC Branch Guwahati); (b).
HDFC Account No.07581000060494 (Noonmati Branch) and the details of the Bank Account of the Petitioner No.2 is (c). SBI Account No.20006210582 (South Guwahati Branch). 4. On account of the amount of Rs.4.5 Lakhs in separate Bank Accounts of the Petitioners being kept on hold, the Petitioners had approached this Court by filing the instant writ petition. 5. The records reveal that this Court vide an order dated 10.06.2026, issued
Page No.# 6/7 notice. 6. An affidavit has been filed by the Respondent Nos.1, 2, and 5, wherein it is stated that a complaint was lodged before the Cyber Fraud Reporting and Management System, wherein it was reflected that the Bank Account No.20248455684 of the Petitioner No.1, and the Bank Account No.20006210582 of the Petitioner No.2, were having the credit of the disputed amounts. The details have been provided in the form of a table which is reproduced hereinunder: Acknowledgment Account Number Account Holder Disputed Amount Branch 31911240163126 202484556 84 Hemanta Das 1,50,000 GMC Branch 202484556 84 Hemanta Das 1,500 GMC Branch 200062105 82 Arpita Deb 1,35,000 South Guwahati Branch
7. It was further mentioned that in view of the above, an amount of Rs.1,51,500/- has been marked as a lien in the Bank Account number of the Petitioner No.1, and an amount of Rs.1,35,000/-has been marked as a lien in
Page No.# 7/7 the Bank Account number of the Petitioner No.2. 8. Mr. M Smith, the learned counsel who represents the Respondent Nos. 3 and 4 submits that on the basis of the Cyber Fraud Reporting and Management System, an amount of Rs.1,50,000/- has been marked as disputed in the Bank Account of the Petitioner No.1 maintained with the Respondent No.3 Bank. 9. This Court finds it very relevant to take note of that the Ministry of Home Affairs has issued a Standard Operating Procedure for (NCRP)- (CFCFRMS) Custody, Restoration of Money, and Grievance Redressal on 02.01.2026. Chapter III of the said SOP provides the Grievance Redressal Mechanism.
There is also a time limit within which such grievance can be settled. It is the opinion of this Court that the Petitioners would be well advised to ventilate their grievances through the Grievance Redressal Mechanism which provides an adequate and efficacious remedy. 10. Considering the above, this Court, therefore, disposes of the instant writ petition, thereby granting liberty to the Petitioners to approach the respective Branch Managers of the Petitioners’ Bank placing a complaint against the marking of lien in the Petitioners respective Bank Accounts. It is further observed that upon such complaint being submitted, the respective Branch Managers of the Petitioners’ Bank shall initiate the procedures in terms with the SOP 2019 and take steps to bring the grievances of the Petitioners to a logical conclusion. JUDGE Comparing Assistant