TMI Blog2023 (4) TMI 1414X X X X Extracts X X X X X X X X Extracts X X X X ..... :- "1. On 02.05.2022, in an earlier petition that was filed by petitioner being writ petition No. 8915 of 2021, the court directed respondents to unfreeze the account maintained by petitioner with Axis Bank. Petitioner states that notwithstanding the order, Axis Bank did not unfreeze the account. Axis Bank complied with the order after petitioner, vide its advocate's email dated 13.05.2022, threatened contempt action against Axis Bank. 2. It is petitioner's case that on 20.05.2022, respondents took away Rs. 62,32,400/- from its Axis Bank account and it has been transferred by the bank to respondents by way of RTGS. Mr. Pathak states that no instructions to debit the amount has been given by the account-holder to Axis Bank to tran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the officers. 7. The concerned officer who instructed the bank to debit the amount of petitioner shall file his personal affidavit explaining therein under what authority of law that he got removed the money from petitioner's bank account or directed the bank to debit the bank account and why did he do it without even informing petitioner even after giving instructions to the bank. The officer is put to notice that this Court may even consider taking action against the officer if it is not satisfied with the explanation. We are making these observations because there have been many matters where the taxpayers account is frozen and the taxpayers come to know only from the bank but after giving instructions to freeze the accounts, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r's bank account by giving instructions to the Bank and transferring it to the Electronic Cash Ledger of the Petitioner. Having failed to demonstrate the legal basis for such course of action, the learned counsel for the Respondents, on instructions, states that the amount deposited in this Court may be permitted to be withdrawn so that it will be deposited in the bank account of the Petitioner. The Officer who has made a statement shall file an affidavit to that effect and within how much time the amount would be credited to the account of the Petitioner. Upon such affidavit being filed within two weeks, Registrar (Judicial) will permit the Respondents to withdraw the amount. After withdrawal, the same shall be credited to the bank account ..... X X X X Extracts X X X X X X X X Extracts X X X X
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