2023 (4) TMI 1037

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....ggu, Mr. Vikas Sareen and Ms. Oshin Maggu, Advs. For the Respondent Through: Ms. Anushree Narain, Standing Counsel with Mr. Mayank Srivastava, Adv. ORDER 1. The petitioner has filed the present petition, inter alia, praying that the respondent be directed to defreeze / unblock the petitioner's savings account bearing number 10210100004219 maintained with UCO Bank, South Patel Nagar Branch....

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....any sum deposited in a joint bank account by one of the joint account holders, would be available for appropriation against dues payable by the other joint bank account holders. 5. The said contention is unmerited. Although there may be a presumption that the credit balance in the joint bank account is an asset held jointly by the joint bank account holders, the same is a rebuttable presumption....

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..... And for all intents and purposes, it is the petitioner's bank account. The petitioner's wife's name has been added only to enable her to operate it if necessary. He states the transactions in the bank account are disclosed in the petitioner's income tax returns and not that of his wife. 9. The respondent has filed the counter affidavit and there is no denial that an amount of Rs.10,73,343.51 ....

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.... it apposite to direct the respondent to unblock the account to the said extent. 12. The UCO Bank shall, on the strength of the present order, make a payment of the said amount of Rs.10,73,343.51 to the petitioner. 13. Insofar as the petitioner's prayer for unblocking the said bank account is concerned, this Court considers it apposite to permit the petitioner to make a representation enclos....