Datum Micro Credit vs State Bank Of India And Another

Arindam Sinha, J

Mr. Samantaray, learned advocate appears on behalf of petitioner and submits, there be direction upon the bank to release Rs. 12,71,324.95/- held frozen in his client’s account with it. By impugned letter dated 11th January, 2022 the bank said that the money was being held by it as per order in W.P.(C) no.30070 of 2021. He relies on order dated 30th November, 2021 made in said writ petition to demonstrate that there was no direction upon the bank to freeze his client’s money in the account.

Mr. Mishra, learned advocate appears on behalf of the bank and submits, it is at instance of Inspector of Police in charge of Golanthara Police Station, Berhampur that his client had kept frozen said sum.

Text of order dated 30th  November, 2021 disposing of W.P.(C) no.30070 of 2021 ( Datum Micro Credit vs. State of Odisha and another ), is reproduced below.

“1. Mr. Mishra, learned advocate appears on behalf of opposite party no.3-Bank. He submits, his client has issued instruction to opposite party no.2 to allow operation of account no.00000034307905193, keeping frozen therein the sum of Rs.12,71,324.95/-. He relies on his client’s letter dated 14th October, 2021 written to opposite party no.2.

Mr. Das, learned senior advocate appearing on behalf of petitioner submits, that will serve the purpose for the moment.

Opposite party no.2 will allow operation of account no.00000034307905193, keeping frozen therein sum of Rs.12,71,324.95/-. Petitioner will be entitled to carry on business by using the account on above term.

The writ petition is disposed of, with liberty to petitioner to file afresh upon conclusion of the enquiry on investigation and result thereof, if petitioner has relief for remedy there against, available in law.”

It is clear that there was direction in above order for the bank to allow operation on balance amount in the account since the bank had contended that it had issued instructions to allow operation of the account keeping frozen said sum. Court acted on said contention of the bank and now the bank says Court directed it to keep the money frozen.

Mr. Mishra submits, his client will file counter. Counter be filed by 8th July, 2022. Petitioner may file rejoinder by 15th July, 2022.

List on 20th July, 2022 along with the record of W.P.(C) no.30070 of 2021, on which date the bank will be finally heard as to why there should not be direction for the money to be released to petitioner.

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