TMI Blog2023 (1) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... .No.34053 of 2022 has been filed challenging the communication dated 28.11.2022 issued by the first respondent to the second respondent directing to freeze the petitioner's bank account maintained with them, based on which, the second respondent has freezed the petitioner's bank account and also for a direction to the second respondent to de-freeze the petitioner's bank account. W.P.No.32407 of 2022 has been filed seeking for a direction to the respondents to release the goods shipped by the petitioner meant for export to a foreign buyer. 2. Heard Mr.S.Baskaran, learned counsel for the petitioner in both W.Ps. and Mr.M.Santhanaraman, learned Senior Standing Counsel appearing for the respondent 1 in W.P.No.34053 of 2022 as well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the bank to freeze the bank account of the petitioner. The petitioner also contends that a copy of the said communication was also not marked to them. According to the petitioner, arbitrarily and illegally, without assigning any reason, the respondents have frozen the bank account of the petitioner which has resulted in great hardship to them in running their business. 6. According to the petitioner, as per the provisions of section 110A of the Customs Act, 1962, the bank account provisionally attached can be allowed to be operated on receipt of a bond in the proper form with such security and conditions as the adjudicating authority may require. 7. The other grievance of the petitioner is that his representation requesting for de-freez ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No prejudice would be caused to the respondents, if the petitioner's representations seeking for release of the subject export consignment as well as for de-freezing the petitioner's bank account is considered on merits and in accordance with law, within a time frame to be fixed by this Court. 13. This Court is not expressing any opinion on the merits of the petitioner's representations as it is contended by the learned Standing Counsel appearing for the respondents that Air Customs Investigating Unit is investigating the subject export consignment of the petitioner as well as the previous exports made by the petitioner. 14. Since the petitioner has not given separate representation for de-freezing of its bank account by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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