High CourtsDIVISON BENCH(2017) 07 BOM CK 0260

Communidade of Serula vs State of Goa, through its Chief Secretary, & Ors.

Bombay High Court · Decided on 20 July 2017

HON’BLE JUDGES
C. V. Bhadang, Prithviraj K. Chavan
CASE NUMBER
77 of 2016

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Judgment

8 paragraphs · 278 words
1.

By this petition, the petitioner is challenging the action of the respondent no.2 directing freezing of all the 10 bank accounts of the petitioner/Comunidade. By an order dated 23.6.2016, this Court had permitted the petitioner to operate the account with the Corporation Bank, Socorro Branch, Porvorim Goa on certain conditions.

2.

By a subsequent order dated 30.6.2017, this Court after taking note of the fact that the investigation is complete and matter is awaiting sanction from the Government and after having regard to the fact that, it was submitted that possible misappropriation was to the tune of Rs. 2,76,05,305/- had granted time to the Public Prosecutor to ascertain from the Investigating Officer as to whether out of the 10 accounts, one account can continue to remain freezed and the rest of the accounts can be defreezed.

3.

Today the Shri Rivankar, learned Public Prosecutor upon instructions from the Investigating Officer states that except account No.197101000000970 with the Indian Overseas Bank, Socorro Branch, Porvorim, Goa, rest of the accounts can be defreezed. The learned Public Prosecutor points out that account No.SB/01/050027 with the Corporation Bank, Socorro Branch, Porvorim, Goa is already defreezed.

4.

In such circumstances, by consent of the parties, petition is disposed of in the following terms:- ORDER

i. The accounts of the petitioner except account No. No.197101000000970 with the Indian Overseas Bank, Socorro Branch, Porvorim, Goa are directed to be defreezed.

ii. Liberty to the parties to approach this Court for modification, if necessary. event of there being any development.

iii. Rule is made absolute in the aforesaid terms.

iv. Learned Public Prosecutor undertakes to send a copy of this order to the concerned banks.