2023 (4) TMI 1037

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.... 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. 2. In the alternative, the petition....

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.... 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. 6. In the present case, the petitioner is t....

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....oner'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 - which the petitioner seeks to access - are proceeds ....

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....nt 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 enclosing therewith evidence to the effect that although the petitio....