Comunidade Of Serula vs Indian Overseas Bank

Petitioner has sought directions to the Indian Overseas Bank, the sole Respondent, to complete the formalities of bank account No.197101000000530 and to make it operational.

Heard Mr Yogesh Nadkarni for the Petitioner and Mr I. Bassi for the Respondent Bank.

Rule. Rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.

Ten accounts of the Petitioner were frozen, in various banks pursuant to an FIR being lodged with the Crime Branch of the Goa Police; pursuant to the investigation, the Petitioner iled Criminal Writ Petition No.77/2016, seeking de-freezing of its ten accounts in various banks. his Court, by Judgment and Order dated 20.07.2017 directed de-freezing of all accounts except one account which bears No.197101000000970 in the Indian Overseas Bank, Socorro Branch, Porvorim, Goa. Resultantly, all the nine bank accounts of the Petitioner in various banks including with the Respondent Bank were required to be de-frozen and made operational pursuant to the directions of this Court. However, till date despite communications from the investigating oicers to the Respondent Bank, the Petitioner’s bank account No.197101000000530 has still not been operationalized.

We had issued notice to the Respondent who was served in the matter and put in appearance on 16.09.2026. Time was sought by the Advocate for the Respondent Bank and the matter was adjourned to 29.09.2026 when none appeared for the Respondent Bank. Today, once again, the learned Advocate for the Respondent Bank seeks an adjournment to take instructions in the matter.

Considering that the matter has been now pending before us for past two months without any progress from the Respondent Bank on the issue, we have proceeded to examine the Petitioner’s case and dispose of the Petition.

On going through the Judgment of this Court dated 20.07.2017, we ind that there are clear directions to all banks in which Petitioner’s accounts were held, to de-freeze its accounts and these include the speciic account bearing No.197101000000530. Even the account of the Petitioner bearing No.197101000000970 in the Respondent Bank was required to be operationalized way back back in the year 2017. Short of holding that the oicers of the Respondent Bank are in contempt of the directions of this Court issued vide Judgment and Order dated 20.07.2017, we ind no reason, on going through the said Judgment and the averments made in the Petition, not to allow the Petition.

Consequently, we direct the Branch Manager of the Respondent Bank i.e. the Indian Overseas Bank, Socorro Branch, Porvorim, Goa to operationalize the account No.197101000000530 within 48 hours of the passing of this Order. We are told that the KYC documents of the Petitioner have been submitted to the Bank way back in July 2026 and no action has been taken thereon.

Rule is made absolute in terms of prayer clause (a) to the Petition which has to be complied within 48 hours of passing of this Order. he Branch Manager shall ile a report of compliance before the Registrar (Admin) of this Court on 21.10.2026.

he Writ Petition is disposed of in the aforesaid terms. No costs.