Navin Kuruvilla vs Union of India

Type Court Judgment Court Kerala Decided May 27, 2024

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Citation: sooperkanoon.com/1323375
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: May 27, 2024
Case Number: WP(C)/15224/2024

Parties & Advocates

Appellant / Petitioner

Navin Kuruvilla

Respondent

Union of India

Excerpt

.....this court had after issuance of such interlocutory orders, closed the writ petitions with certain directions. paragraph no.12 of the directions issued in dr.sajeer v. reserve bank of india [ 2023 khc online 661] is extracted hereunder;“12. in fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recoveredfrom the petitioners, if they have received it as part of bonafide or other valid transactions, unaware of it being proceeds of crime. in the conspectus of the above, i order these writ petitions with the following directions: a. the respondent banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the police authorities. this shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit. b. the respondent - police authorities concerned are hereby directed to inform the respective banks as to whether freezing of accounts of the petitioners in these writ petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment. c. on the banks receiving the afore information/intimation from the police authorities, they will adhere with it and complete necessary action - either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be. d. if, however, no information or intimation is received by their banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this court again; for which purpose, all their contentions in these writ petitions are left open and reserved to them, to impel in future.”this writ petition is disposed of with the above said directions. t.r.ravi judge sn appendix.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946 PETITIONER: NAVIN KURUVILLA AGED 22 YEARS S/O. C.M. KURUVILLA, CHUNKATHIL, THUKALASSERY, THIRUVALLA, PATHANAMTHITTA DISTRICT., PIN - 689101 BY ADVS. SUSANTH SHAJI SIDHARTH O. ALBIN A. JOSEPH RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI, PIN - 110 001 2 RESERVE BANK OF INDIA REPRESENTED BY ITS, GENERAL MANAGER BRANCH OFFICE BANERJI ROAD ERNAKULAM NORTH, KOCHI, PIN - 691 310 3 THE MANAGING DIRECTOR FEDERAL BANK LTD., POST BOX NO. 103, FEDERAL TOWERS, ALUVA, ERNAKULAM, PIN - 683 101 4 THE MANAGER THE FEDERAL BANK LIMITED. THIRUVALLA BRANCH, PB NO 19, MC ROAD, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 101 5 THE STATION HOUSE OFFICER VISHRANTWADI POLICE STATION, SURVEY NO-90, PUNE ALANDI ROAD, MENTAL CORNER, YERAWADA , PUNE, MAHARASHTRA, PIN - 411 006
SRI. MOHAN JACOB GEORGE. SC. SRI. V. GIREESH KUMAR. CGC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAVI.J ------------------------------------------------------- WP(C) No.15224 of 2024 -------------------------------------------------------- Dated this the 27th day of May, 2024

JUDGMENT

The petitioner is holder of an account with the respondents Bank and his account has been frozen on intimation by Police Authorities. The Court had, at the time of admission, issued interim directions to restrict the freezing of the accounts to the amount which had been subject matter of the dispute, as per the intimation received from the Police authorities. The Bank has also taken action to that extent pursuant to the directions issued by this Court. In similar cases, this Court had after issuance of such interlocutory orders, closed the writ petitions with certain directions. Paragraph No.12 of the directions issued in Dr.Sajeer v. Reserve Bank of India [ 2023 KHC OnLine 661] is extracted hereunder;

“12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered

from the petitioners, if they have received it as part of bonafide or other valid transactions, unaware of it being proceeds of crime. In the conspectus of the above, I order these Writ Petitions with the following directions: a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit. b. The respondent - Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment. c. On the Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action - either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be. d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future.”

This writ petition is disposed of with the above said directions. T.R.RAVI JUDGE sn APPENDIX OF WP(C) 15224/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 22.03.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 30.03.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 08.04.2024 ISSUED BY THE PETITIONER TO THE 3RD AND 4TH RESPONDENTS Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 08.04.2024 SENT TO THE 2ND RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Navin Kuruvilla vs Union of India Same Judge Honourable Mr. Justice T.R.Ravi