Authority: Calcutta High Court, Civil Appellate Jurisdiction (Vacation Bench)
Order Date: 04 February 2026
Case Overview
- Parties: Appellant – Tejhati FL On Shop (represented by Biswaroop Bhattacharya, Sumitava Chakraborty, Bratati Pramanick, Shantanu Chakraborty); Respondents – Central Bank of India & Ors. (represented by Shiv Mangal Singh, Madhu Shaw, Anjali Mishra).
- The appeal challenges an order dated 23 October 2026 that refused the appellant’s prayer for defreezing its bank account (WPA 29817 of 2026).
- An FIR was lodged on 20 August 2026 by Electronic City Police Station, Bengaluru, alleging cyber‑fraud of Rs.1,75,799 involving four fraudster accounts and phone numbers 8282067305, 9830593581.
- The appellant’s account (Central Bank of India, Rahara Branch, No. 3743084407) allegedly received Rs.89,415 from the complainant, but it does not match any of the four fraudster accounts.
- The bank froze the appellant’s account based on a police letter dated 2 September 2026 (later reiterated on 24 September 2026) concerning the Rs.89,415.
- The appellant contends the amount was a legitimate payment for goods sold by its foreign liquor shop and that it should not be penalised.
- The bank raised a preliminary objection on jurisdiction, arguing the cause of action arose in Bengaluru, outside the court’s territorial jurisdiction.
- The Court rejected the jurisdiction objection, holding that the branch location (Rahara, within the court’s jurisdiction) suffices for the court to entertain the writ petition.
- The Court also found the bank’s argument that it could freeze the entire account despite the FIR involving only Rs.89,415 to be untenable.
Final Outcome
- The Court directs Central Bank of India, Rahara Branch and its Regional Head Office to defreeze the appellant’s account No. 3743084407, retaining a balance of Rs.89,415.
- If the current balance is less than Rs.89,415, the appellant must deposit the deficit within five working days from the order date.
- If the balance exceeds Rs.89,415, the appellant may operate the excess amount within three working days; the Rs.89,415 shall be released or dealt with as per the FIR enquiry.
- The order is effective immediately; the appellant must communicate a server copy of the order downloaded from the Court’s official website.
- The bank and other authorities shall act on the server copy without requiring a certified copy.
- No further issues remain; the appeal and the underlying writ petition are disposed of.
- Certified copies of the order may be supplied to parties upon compliance with formalities.
Topics: Bank Account Freeze, Court Order