Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 5899 (DEL)

ARIS v. INDUSIND BANK LIMITED & ORS.

W.P.(C)/2135/2026 · 2026-03-20

Jasmeet Singh

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2135/2026 ARIS .....Petitioner Through: Mr. Darshan sejwal, Mr. Sumit Kr Sharma and Mr. Sanjay Shisodia, Advs. versus INDUSIND BANK LIMITED & ORS. .....Respondents Through: Mr. Akshay Gola, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 20.03.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “i. Issue a writ of Certiorari or any other appropriate writ, order or direction calling for the records and quashing the blanket debit freeze / restriction instructions issued at the instance of Respondent Nos. 2 to 5 and executed by Respondent No. 1, in respect of the Petitioner’s Current Bank Account No. 201015181799; ii. Issue a writ of Mandamus or any other appropriate writ, order or direction thereby directing Respondent No. 1 IndusInd Bank Limited to forthwith defreeze the Petitioner’s aforesaid bank account and restore full operational access thereto, subject to the lien already marked on the disputed amount.” 2. The case of the petitioner is that the petitioner is a small retail shop keeper carrying a lawful business under the name of SKD store. The petitioner is aggrieved by a lien/debit restriction on his bank account This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:13:11 maintained with unable to carry h 3. On 16.02 reply, wherein a The table is repro 4. A perusal 8175.44/- and th 5. Placing o consequences cre ith respondent no. 1 Bank due to which t ry his day to day business needs. 02.2026, notice was issued and respond n a table has been annexed which states produced below:- sal of the above shows that the disputed the petitioner has more than 4 lakhs in th of a lien/freezing of an account is an act creating hardships for commercial en ch the petitioner has been ndent no. 1 has filed a ates the disputed amount. ed amount comes to Rs. the above said amount. action entailing serious entities in their smooth This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:13:11 functioning and the same might result in commercial death of the petitioner. The respondent bank cannot be permitted to take such harsh measures without complying with the principles of natural justice and without any application of mind. 6. Additionally, a coordinate bench of this Court has made categorical observations in paragraph No. 19 of its Order dated 16.01.2026 titled as Malabar Gold and Diamond Limited & Ors. v. Union of India & Ors., W.P.(C) 4198/2025, that actions of blanket freeze in cases where the account holder is neither an accused nor a suspect, are manifestly arbitrary and in clear violation of Article 19(1)(g) and Article 21 of the Constitution of India. 7. For the said reasons, I am of the view that the impugned action of account freezing in the present case is not only in clear violation of the principles of natural justice but also disproportionate and an arbitrary exercise of power thereby striking a blow at the fundamental rights of the petitioner. The impugned action is without due application of mind as a complete blanket freeze has been imposed on the account of the petitioner for an allegedly suspicious entry of a meagre amounts. Therefore, the action deserves to be set aside. 8. Consequently, the petition is allowed and it is hereby directed that subject to the lien of Rs. 8175.44/- the petitioner shall be permitted to operate the bank account to the extent of the account balance lying in the account. 9. For the said reasons, the petition is allowed and disposed of. JASMEET SINGH, J MARCH 20, 2026/NG This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:13:11