Shabir Hussain vs State Bank Of India

The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a direction upon the respondent-Bank for de-freezing his salary Account No. 20055811857 maintained with the respondent-Bank.

The principal ground urged by the petitioner is that the freezed Account not only pertains to his savings, but the monthly salary also gets credited in the same Account.

It is further submitted that, in order to meet the daily needs, including fee of School going children, the petitioner is wholly dependent on his monthly salary and due to freezing of the Account, the family members of the petitioner are also being made to suffer for none of their fault.

Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the respondent-Bank is directed to de-freeze the petitioner’s bank Account to the extent of his monthly salary credited therein, so as to enable him to meet his day-to-day household necessities, including fee of his School going children.

In view of the submissions made, particularly, the nature of controversy involved, this petition is disposed of with a direction to the respondent to permit the petitioner to withdraw the salaried amount, keeping intact any amount, which is the subject matter of dispute or ongoing investigation, so as to preserve the material evidence forming part of the investigation, if any.

Writ petition is, accordingly, disposed of, alongwith connected application.