Tuesday, 02 January 2024 12:17 GMT

Allahabad HC Says Banks Are Trustees, Not Investigative Agencies


(MENAFN- KNN India) Lucknow, May 4 (KNN) The Lucknow bench of the Allahabad High Court has cautioned banks against the arbitrary freezing of customer accounts, stating that financial institutions act as trustees and not investigative agencies.

While hearing a petition filed by M/s SA Enterprises, a firm engaged in fishery machinery, a division bench comprising Justice Shekhar B. Saraf and Justice Avadhesh Kumar Chaudhary imposed a cost of Rs 50,000 on Indian Overseas Bank for freezing the company's account without valid legal grounds.

Account Freeze Linked to Suspicious Transaction

The case arose after the firm's account was frozen following a Rs 23 lakh RTGS transaction received on January 16, 2026, which the bank flagged as suspicious.

The bank cited a mismatch between the transaction amount and the company's declared annual income of Rs 5.76 lakh at the time of account opening and argued that the action was taken under provisions of the Prevention of Money Laundering Act, 2002.

Court Clarifies Banks Are Not Investigative Agencies

The court rejected the bank's defence, noting that the account freeze was not based on any directive from authorised agencies or cybercrime alerts. It observed that the bank had acted unilaterally in investigating the source of funds.

The bench stated that powers to investigate the legitimacy of transactions rest with agencies such as the police, the Enforcement Directorate, or the Central Bureau of Investigation, and not with banks.

Expressing concern over what it described as a growing trend, the court said arbitrary freezing of accounts can severely disrupt business operations and harm the financial stability and reputation of account holders.

The High Court directed Indian Overseas Bank to pay the penalty amount to the petitioner within four weeks.

Impact on MSMEs

The ruling protects MSMEs from arbitrary account freezes that can disrupt operations, delay payments, and strain cash flow.

By clarifying that banks cannot act as investigative agencies without valid legal directions, the judgment strengthens financial stability and ensures smoother business operations for small enterprises.

(KNN Bureau)

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