Central Bank of India v. Husainy Fakhruddin (SC)
: Law Finder Doc Id # 827129
2017(2) Scale 261 : 2017(2) JT 321
SUPREME COURT OF INDIA
Before :- Kurian Joseph and A.M. Khanwilkar, JJ.
Criminal Appeal No. 968 of 2011. D/d.
Central Bank of India - Appellants
Husainy Fakhruddin and Others - Respondents
For the Appellants :- Jaideep Gupta, Sr. Adv., Dinesh Mathur, Ms. Priyanka Bharti, (For M/s. Dua Associates), Advocates.
For the Respondents :- Ms. Madhavi Divan, Sharavanth Paruchuri, (For M/s. M. Rambabu & Co.), Rajat Nair, Mukesh Kumar Maroria, Arvind Kumar Sharma, (Not Present), Advocates.
Criminal Appeal - Release of amount deposited - Declined - On the ground the Central Bureau of Investigation by communication requested not to release the deposits - As per Central Bureau of Investigation, they have withdrawn their request to the Bank, and from their side, there is no objection for release of the amounts - Appeal disposed of with direction to Bank to release the deposits.
Kurian, J. - Appellant is aggrieved by the impugned judgement whereby the High Court has directed the appellant to release the deposits made by Respondents 1 to 4. When the request for withdrawal of the money was being processed, the Central Bureau of Investigation ("CBI", for short), by communication dated 06.12.2005, requested the appellant-Bank not to release the deposits ... "till you receive any reference from this office or the Special Court, Akola ...".
2. Respondents 1 to 4 challenged the same before the High Court in Criminal Writ Petition No. 496 of 2006. The Writ Petition was allowed by the impugned judgment dated 23.07.2010 directing the Bank to release the amounts, and hence, the appeal.
3. Learned Counsel for the CBI, on instruction, submits that they have withdrawn their request to the Bank, and from their side, there is no objection for release of the amounts.
4. In that view of the matter, it is not necessary to go into the various contentions raised by learned Senior Counsel appearing for the Bank. Hence we leave open all questions of law. The main objection to the release was the request made by the CBI and hence, this appeal is disposed of with a direction to the appellant-Bank to release the deposits made by Respondents 1 to 4, in case the same are not to be withheld for any other reason. The needful be done within a week from the date of receipt of copy of this Judgment.
5. There shall be no order as to costs.
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