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2023 (4) TMI 1037 - DELHI HIGH COURTSeeking direction to defreeze / unblock the petitioner’s savings account (first holder of account was petitioner's wife) - Section 142(1)(d) of the Customs Act, 1962 - recovery of dues - HELD THAT:- In the present case, the petitioner is the first holder of the bank account and his wife has been added as a joint holder. Although, the petitioner’s wife may be able to operate the bank account, there is no material to substantiate that the funds in the said bank account belong to her. Considering that there is no dispute that proceeds of the petitioner’s life insurance policy amounting to ₹10,73,343.51 were deposited in the said bank account, this Court considers it apposite to direct the respondent to unblock the account to the said extent - The UCO Bank shall, on the strength of the present order, make a payment of the said amount of ₹10,73,343.51 to the petitioner. Insofar as the petitioner’s prayer for unblocking the said bank account is concerned, this Court considers it apposite to permit the petitioner to make a representation enclosing therewith evidence to the effect that although the petitioner’s wife was included as a joint holder; the funds in the said bank account belong to the petitioner and the transactions in the said account are reflected in his income tax returns and not that of his wife. Petition disposed off.
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