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2026 DAILYLAW 13476 (RAJ)

SHREE VINAYAK POLYMERS v. HDFC BANK LTD.

CW/10380/2026 · 2026-08-11

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:31541] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10380/2026 CNR: RJHC020552402026 | URN: CW / 23035U / 2026 Shree Vinayak Polymers, Through Its Proprietor/authorised Signatory Mr. Shishu Pal Singh Kushwaha S/o Mr. Ramet Singh, Located At Plot No. B 168, Shyam Nagar, Badi Ka Baas, Tonk Road, Jaipur Rajasthan 302022. ----Petitioner Versus 1. HDFC Bank Ltd., Through Its Branch Manager, Branchlocated At Ground Floor 1, 1277, Usha Colony, Apex Circle, Malviya Nagar, Jaipur, Rajasthan-302017. 2. Deputy Inspector General, Cyber Crime, Police Head Quarter, Lal Kothi, Jaipur, Rajasthan-302015. ----Respondents For Petitioner(s) : Mr. Niraj Kumar Yadav For Respondent(s) : Mr. Naman Yadav Ms. Devakriti Vashishtha on behalf of Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ANAND SHARMA Order 11/08/2026 1. This writ petition has been filed by the petitioner seeking issuance of directions against Respondent No.1-HDFC Bank to defreeze its bank account and has made following prayers: “It is therefore, most humbly and respectfully prayed that this Civil writ petition may kindly be allowed and this Hon'ble Court may be pleased to: A. Kindly issue an appropriate writ/order/direction to the respondent bank i.e. HDFC Bank Ltd. to immediately unfreeze the primary current bank account of the petitioner bearing account number 50200113946823 (IFSC - HDFC0007254), held with HDFC Bank Ltd., Branchlocated at Ground Floor1, 1277, Usha Colony, Apex Circle Malviya Nagar, Jaipur, Rajasthan-302017; [2026:RJ-JP:31541] (2 of 3) [CW-10380/2026] B. Kindly declare that the act of the respondent- bank is arbitrary, unreasonably, illegal and violative of Article 14, 21 and 300A of the Constitution of India; C. Award costs of this petition in fvour of the petitioner; and, D. Pass any such further or other orders or directions which are deemed just and proper in the facts and circumstances by this Hon'ble Court may also be passed in favour of the petitioner.” 2. Facts of the case in brief are that the petitioner is bonafide holder of Bank Account No.50200113946823 (the said bank account shall be hereinafter referred to as ‘the bank account in question’) maintained with Respondent No.1-HDFC Bank Ltd., Ground Floor 1, 1277, Usha Colony, Apex Circle, Malviya Nagar, Jaipur, Rajasthan. However, when the petitioner was not able to operate its bank account, the petitioner contacted bank officials and it was informed that the bank account in question has been freezed. The bank account in question has been freezed by the respondent-bank on account of alleged transactions of Rs.72,112/- (the said amount shall be hereinafter referred to as ‘the amount in question’). The petitioner has not been served with any FIR or lawful directive which shows petitioner’s involvement in any wrongful act. The petitioner made all endeavours to defreeze the bank account in question but it was unable to get any relief. Left with no other option, the petitioner has filed instant writ petition praying for the aforesaid relief. 3. Learned counsel for the parties are in agreement that the issue involved in the instant writ petition is no more res- integra and squarely covered by order dated 30.06.2026 passed by this Court in the case of Jinat Bano vs. State Bank of India & Another (S.B. Civil Writ Petition No. 5036/2026). 4. The identical issue of freezing of bank account came up for consideration of this Court in the case of Jinat Bano (supra), [2026:RJ-JP:31541] (3 of 3) [CW-10380/2026] wherein after considering the rival submissions, writ petition was disposed of by this Court with following directions: “(i) Respondent-bank shall forthwith remove the debit freeze/restriction imposed upon the bank account in question and permit the petitioner to operate the bank account in question in the ordinary course. (ii) Respondent-bank shall, however, continue to maintain a lien or restraint only to the extent of the amount in question, which is alleged to be connected with the transaction under investigation and the petitioner shall not be entitled to withdraw, transfer or otherwise deal with the amount in question without permission of the competent authority. (iii) The petitioner shall extend full cooperation to the investigating agency and appear before the concerned authorities as and when called upon to do so for the purpose of investigation. (iv) The petitioner shall maintain the bank account in question in active status and shall not close, surrender or otherwise discontinue the same without prior intimation to and permission from the investigating agency till conclusion of the investigation. (v) It is clarified that the present order shall not be construed as an expression on the merits of the allegations under investigation. The investigating agency shall remain at liberty to proceed in accordance with law and take such action as may be warranted on the basis of material collected during investigation. (vi) In the event, the investigation ultimately reveals the petitioner's involvement in the alleged offence or establishes that the amount in question constitutes proceeds of the unlawful transaction, it shall be open for the competent authority to deal with the amount in question and take consequential action strictly in accordance with law. (vii) It shall further be open to Respondent-bank and the investigating agency to deal with or transfer the amount in question in accordance with any lawful direction issued by the competent authority having jurisdiction in the matter.” 5. Thus, in view of consensus arrived at between learned counsel for the parties, this petition is also disposed of in the same terms and with same directions as given by this Court in order dated 30.06.2026 passed in the case of Jinat Bano (supra). 6. Pending applications, if any, also stand(s) disposed of. (ANAND SHARMA),J 31/DAKSH