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2026 DAILYLAW 35913 (CAL)

PANKAJ SARKAR v. THE REGISTERED OFFICE, AXIS BANK AND ORS

WPA/807/2026 · 2026-08-14

Aniruddha Roy

body2026

Judgment text

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W.P.A. 807 of 2026, A. Roy,J. Form J(2) Sl. No. 35 AB High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy W.P.A. 807 of 2026 Pankaj Sarkar Vs. The Registered Office, Axis Bank Trishul & Ors. For the petitioner : Ms. Esha Acharya Ms. Ipsita Saha For respondent nos.3&4 : Mr. Milindo Paul Mr. Nabankur Paul Mr. Subham Das Heard on : August 14, 2026 Judgment on : : August 14, 2026 [ IN COURT ] Aniruddha Roy,J. 1. Bank account of the petitioner maintained with Axis Bank, Dinhata Branch has been frozen by the bank authority without due process of law. Hence, the writ petitioner claims removal of freezing from his bank account. W.P.A. 807 of 2026, A. Roy,J. 2 2. Mr. Nabankur Paul, learned advocate appearing for the Axis Bank has placed some relevant documents before this Court consisting of four pages, the said bunch is taken on record. Copy of the bunch is also made over to Ms. Esha Acharya, learned advocate appearing for the petitioner. 3. Learned advocate appearing for the petitioner has placed a balance details of the concerned bank account and submits that a total balance of Rs.6,20,329.45 is lying in the bank account. 4. From the documents made over on behalf of the bank, a communication being part of it dated June 19, 2023 shows that one Priya Das has lodged a complaint against the Asix Bank account holder, being the petitioner herein, regarding cheating and it was contended that, the complainant had lost a sum of Rs.3,62,361/-. A further communication from this bunch dated September 30, 2023 against serial no. 5 it is shown that with regard to the bank account of the petitioner there had been an online fraud, 5. In view of the above, the respondent no. 4 is directed to set apart and withhold a sum of Rs.3,62,361/- from the savings bank account of the petitioner, as mentioned in detailed in paragraph 3 of the writ petition and then allow the petitioner to operate his bank account. 6. It is made clear that, if the balance to the extent of the said sum of Rs.3,62,361/- is not available in the subject savings bank account, the respondent no. 4 shall not defreeze the account and shall continue to keep the account in its present frozen status. W.P.A. 807 of 2026, A. Roy,J. 3 7. It is made clear that, on the alleged charges of online fraud alleged against the petitioner and if any appropriate proceeding is initiated or is being proceeded with the jurisdictional adjudicating authority, the same shall proceed with on its own merit without being influenced by observation, if any, made by this Court. 8. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. 9. With the above observations and directions this writ petition being WPA 807 of 2026 stands disposed of, without any order as to costs. 10. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)