TMI Blog2020 (9) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... bject matter bank account appears to have been involved in violation of provisions of FEMA. Though such counter affidavit is filed, when a specific question is put to the leaned counsel for the first respondent by this Court as to whether any order of freezing the account has been issued by the first respondent, he submitted that no such order is issued so far. When it is stated that the first respondent has not issued any order freezing the subject matter bank account so far, no justification on the part of the first respondent in not allowing the petitioner to operate the bank account. Either the first respondent should pass an order in accordance with law to freeze the bank account or allow the petitioner to operate the bank account, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt is that the bank account mentioned in the writ petition is not allowed to be operated by the petitioner under the guise of investigating the matter under FEMA. It is the specific case of the petitioner that no order of attachment was passed by the first respondent at any point of time in respect of the said bank account and therefore, the petitioner cannot be prevented from operating the bank account. 4. It is seen that the said account was standing in the name of the petitioner's father, who earlier filed a writ petition before this Court in W.P.No.8025/2018, with the very same relief as sought for in the present writ petition. The said writ petition was disposed of on 07.03.2019 by recording the statement made by the learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst respondent in not allowing the petitioner to operate the bank account. Either the first respondent should pass an order in accordance with law to freeze the bank account or allow the petitioner to operate the bank account, in the absence of any such attachment order. Without doing either of these things, the respondents make the petitioner to stand in a position namely neither here nor there. Therefore, this Court is of the view that it is for the first respondent to take a decision and if they choose to attach the bank account, it should be done only by the manner in which law so provides to do so. 6. Accordingly, the Writ Petition is disposed of as follows: (a) Since it is an admitted fact that the subject matter bank account ..... X X X X Extracts X X X X X X X X Extracts X X X X
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