Page No.# 1/5 GAHC010046722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/753/2026 in WP(C)/469/2026 ABEL NISCHAL PETERS S/O ARCHIBALD MRINAL PETERS, RESIDENT OF NEXT TO SENSUA GAON LP SCHOOL, NEAR JAIL ROAD RAILWAY CROSSING, JAIL ROAD, P.O. BARBHETA, JORHAT- 785004, ASSAM.MOBILE8638337751 VERSUS HDFC BANK LTD AND 16 ORS REPRESENTED BY THE MANAGING DIRECTOR, HDFC BANK HOUSE, HAVING ITS REGISTERED HEAD OFFICE, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI-400013, MAHARASHTRA. 2:THE BRANCH MANAGER HDFC BANK LTD JORHAT BRANCH N M COMPLEX K D ROAD JORHAT DISTRICT JORHAT PIN 785004 ASSAM. 3:UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS NEW DELHI. 4:THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY HOME DEPARTMENT Page No.# 2/5 DISPUR 781006 ASSAM. 5:GRIEVANCE OFFICER NATIONAL CYBER CRIME REPORTING PORTAL NEW DELHI. 6:THE SR SUPERINTENDENT OF POLICE JORHAT DISTRICT JORHAT PIN 785004 ASSAM. 7:THE OFFICER IN CHARGE JORHAT SADAR POLICE STATION JORHAT-785004 ASSAM. 8:THE OMBUDSMEN RESERVE BANK OF INDIA 22ND FLOOR CENTRAL OFFICE BUILDING SHAHID BHAGAT SINGH MARG FORT MUMBAI-400001 MAHARASHTRA. 9:IDFC FIRST BANK REPRESENTING BY THE MANAGING DIRECTOR HAVING ITS REGISTERED HEAD OFFICE AT THE SQUARE C-61 G BLOCK BANDRA KURLA COMPLEX BANDRA EAST MUMBAI-400051 MAHARASHTRA. 10:THE BRANCH MANAGER IDFC FIRST BANK JORHAT BRANCH GROUND FLOOR BLOCK NO. 02 K.B. ROAD JORHAT 785001 ASSAM. 11:PUNJAB AND NATIONAL BANK REPRESENTED BY THE MANAGING DIRECTOR HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO. 4 Page No.# 3/5 SECTOR 10 DWARKA NEW DELHI-110075. 12:THE BRANCH MANAGER PUNJAB AND NATIONAL BANK JAIL ROAD BRANCH JAIL ROAD JORHAT-785001 ASSAM. 13:FLIPKART INDIA PVT LTD REPRESENTED BY THE CHIEF EXECUTIVE OFFICER HAVING ITS REGISTERED HEAD OFFICE VAISHNABI SUMMIT GROUND FLOOR 7TH MAIN 80 FEET ROAD 3RD BLOCK KORAMANGALA INDUSTRIAL LAYOUT BENGALURU -560034. 14:AXIS BANK LTD JAIL ROAD BRANCH REPRESENTED BY ITS BRANCH MANAGER GROUND FLOOR WARD NO. 15 K.B. ROAD JORHAT PIN 785001 ASSAM. 15:RELIANCE JIO INFOCOMM LIMITED ASSAM RELIENCE CORPORATE IT PARK LTD 1ST FLOOR BIJAY CRESCENT MAHAPURUSH SRIMANTA SANKARDEV PATH G.S. ROAD RUKMINIGAON GUWAHATI 781022 ASSAM. 16:BHARATI AIRTEL LTD JORHAT ZONAL OFFICE KAMARBANDHA ROAD BABUPATTY JORHAT ASSAM 785001. 17:BHARAT SANCHAR NIGAM LIMITED Page No.# 4/5 REPRESENTED THE GENERAL MANAGER BSNL BHAWAN PAN BAZAR NEAR COLLON COLLEGE ROAD GUWAHATI 781001 ASSAM Advocate for the Petitioner : MR P DEKA, I BHATTACHARYYA,MR A DAS Advocate for the Respondent : DY.S.G.I., SC, BSNL,GA, ASSAM,SC, PNB,MS.SHOMA DASGUPTA(R17),MR. M SHARMA(R9,10),MS. S YASMIN(R9,10) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 09.03.2026 Heard Shri P. Deka, learned counsel for the applicant / writ petitioner, who by means of this application has prayed for staying of two emails communication both dated 03.03.2026 issued by the HDFC Bank pertaining to FD Account Nos. 50301000220662 and 50301264112552. The applicant has also prayed for restraining the respondent nos. 1 and 2 from pre-matured redeeming the aforesaid FDs for adjustment of funds against the Credit Card account. The applicant has filed the connected writ petition being WP(C)/469/2026 with the allegation of cyber fraud being committed upon him. It is contended that in connection with an application for an online Credit Card from the Punjab National Bank, he had received a call which was stated to be a verification call whereafter there were immediate transactions with the 3 Credit Cards which the applicant was using. Though the transactions were stopped, one transaction was allowed amounting to Rs.3,26,661/-. The applicant claims to have lodged an Ejahar and also submitted that though the Bank claimed to have issued a verification call/sms, at the relevant time, his mobile was also hacked and therefore, he was not aware of the same. Page No.# 5/5 Shri R. Chakraborty, learned counsel for the respondent – HDFC has submitted that due diligence exercise was done before honoring the transaction and it was only thereafter, the same was allowed. He has submitted that email dated 03.03.2026 has been issued in accordance with law and as consented by the applicant / petitioner while applying for the Credit Card. Upon considering the facts and circumstances and also the allegation made by the applicant that he is a victim of cyber crime which is tried to be substantiated by the documents, this Court is of the view that equities would be balanced if an interim protection is granted so far as email dated 03.03.2026 pertaining to the 2 aforesaid FDs accounts are concerned. It is accordingly directed that till the adjudication of the dispute, as raised in the writ petition, no steps be taken to prematurely redeem the FDs of the aforesaid 2 FDs account of the applicant. The present interim order has been passed only on the peculiar facts and circumstances and would be subject to the final orders that may be passed by this Court in the writ petition. The I.A. accordingly stands disposed of. JUDGE Comparing Assistant