Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 22791 (KAR)

MANOJKUMAR MATHIARASAN v. HDFC BANK

WP/10523/2025 · 2026-06-15

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28902 WP No. 10523 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10523 OF 2025 (GM-RES) BETWEEN: 1. MANOJKUMAR MATHIARASAN AGED ABOUT 34 YEARS S/O MATHIARASAN AADHAAR NO 813430241222 2. K DIVYA W/O MANOJKUMAR AGED ABOUT 34 YEARS AADHAAR NO 546318559416 BOTH PETITIONERS RESIDING AT: FLAT 141012, PRESTIGE SONG OF THE SOUTH, BEGUR KOPPA ROAD, YELENAHALLI, KARNATAKA - 560068 …PETITIONERS (BY SRI. MEGHACHANDRA D.N., ADVOCATE) AND: 1. HDFC BANK BANNERGHATTA ROAD, NO 1 UMA ADMIRALITY, BANNERGHATTA ROAD, BESIDE SAGAR HOSPITAL BENGALURU- 560029 REP BY ITS BRANCH MANAGER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28902 WP No. 10523 of 2025 2. ESAF SMALL FINANCE BANK VII/83/8, ESAF BHAVAN, THRISSUR - PALAKKAD NATIONAL HIGHWAY, MANNUTHY, THRISSUR, KERALA - 680 651 REP. BY ITS BRANCH MANAGER 3. THE SUPERINTENDENT OF POLICE THE STATION HOUSE OFFICER, MEDIKONDURU POLICE STATION, GUNTUR, ANDHRA PRADESH …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 1ST RESPONDENT BANK TO DEFREEZE THE BANK ACCOUNTS OF THE PETITIONERS AS PER THE EMAIL COMMUNICATION DATED 22.02.2025 AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to: (i) Issue a Writ in the nature of Mandamus or any such directions, directing the 1stRespondent Bank to - 3 - HC-KAR NC: 2026:KHC:28902 WP No. 10523 of 2025 defreeze the bank accounts of the Petitioners as per the email communication dated 22.02.2025 at ANNEXURE-A. (ii) Pass any other order(s) that this Hon'ble Court deems fit in the circumstances of the case. . 2. The submission of the learned counsel for the petitioners is that the entire account of the petitioners have been debit frozen though the lien amount is for much lesser amount. 3. Learned counsel for respondent has filed a memo enclosing the details of debt freeze received from the Station House Officer, Medikondur Police Station, Guntur, Andhra Pradesh. In terms thereof, it is stated that the disputed amount in respect of the first petitioner's account is Rs.11,884.84/- and that in respect of petitioner No.2 is Rs.58,790.58/-. 4. As held by this Court in Sri.Madhu vs. The Indusind Bank Ltd represented by the Branch Manager1, the bank can only mark the lien and freeze the account as regards the orders received by the respondent- bank 1 W.P.NO.38362/2025 - 4 - HC-KAR NC: 2026:KHC:28902 WP No. 10523 of 2025 from the Police Authority or through NCRP Portal. The bank cannot mark a lien or freeze the account beyond the orders received. 5. In the present case, the disputed amount and lien is as aforesaid. As such, the entire bank account could not have been debit frozen. In that view of the matter, I pass the following: ORDER (i) Writ Petition is partly allowed. (ii) The lien on account of the first petitioner is restricted to a sum of Rs.11.884.84/- and the lien on the second petitioner's account is restricted to a sum of Rs.58,790.58/-. (iii) The respondent-bank shall permit the petitioner to operate the respective bank accounts. As regards the remaining amounts, subject to the petitioners submitting necessary indemnity deeds and such other - 5 - HC-KAR NC: 2026:KHC:28902 WP No. 10523 of 2025 documents as the bank may require. (iv) Needless to say that this order would not come in the way of the bank enforcing any orders of lien or debit freeze received by the bank in future. Sd/- (SURAJ GOVINDARAJ) JUDGE brn List No.: 1 Sl No.: 60