To, Dt.:
______
The Branch Manager,
___________,
________________-
Pitampura, New Delhi
Sub: Request for Defreezing of Bank Account No. _________ of
M/s. ________.
Dear Sir/Madam,
I, _______, Managing Director of M/s. _________, am
writing to you in connection with the recent freezing of our company’s current
account bearing No. __________held with your branch. We have been informed by
the bank that this freezing action was taken based on a complaint lodged with
the police by one ________, which has resulted in the restriction on the
operation of our account. I respectfully request you to consider the following
facts and take immediate steps to defreeze the account or limit the freeze to
the disputed amount.
1. The freeze was initiated due to a
complaint regarding a transaction of ₹_________/-, which was credited to our
account on _____ by _______. This amount was received against a GST invoice
raised on _____ for services rendered by our company, specifically for
organizing a Malaysia tour package for an end-customer, __________, for the
travel period from _________.
2. It is submitted that M/s. _________. or
its any Director have no direct or indirect involvement with the complainant, ________.
The transaction in question was conducted in the ordinary course of business
between our company and _________. We are unaware of any issues regarding this
payment and are willing to fully cooperate with the authorities to resolve the
matter.
3. The freezing of the entire bank account
is disproportionate, especially since the complaint pertains only to a single
transaction of ₹_______/-. It is a settled legal principle that a freezing
order should be limited to the disputed amount and should not extend to the
entire account unless there is clear evidence of a direct nexus between the
alleged crime and the entire account balance. In Rohit Kumar vs. State of NCT
of Delhi [2018 SCC Online Del 10901], it was held that freezing of bank
accounts should be limited to the disputed amount to prevent undue hardship and
disruption of normal business operations. Furthermore, in State of Maharashtra
vs. Tapas D. Neogy [(1999) 7 SCC 685], the Supreme Court emphasized that the
freezing of accounts is justified only when a clear connection exists between
the crime and the account.
4. The freezing of our account has severely
impacted our business operations. As you are aware, all monetary transactions,
including payments to vendors, disbursement of employee salaries, and other
operational expenditures, are routed through this account. With the account
frozen, we are unable to meet our financial obligations, which is not only
hampering our business but also affecting the livelihood of our employees.
In view of the facts and the
disproportionate impact of the freezing action, we respectfully request you to
kindly defreeze the account immediately to allow us to carry on with our
day-to-day business activities; or in the alternative, restrict the freeze to
the disputed amount of ₹_______/- until the investigation is concluded, thereby
allowing us to continue our business without further disruption.
We
trust that you will consider our request with urgency, given the significant
financial and operational impact the freezing of the account is causing. We
reiterate our willingness to cooperate fully with the investigating authorities
and look forward to a prompt resolution of this matter.
Thank you.
Yours sincerely,
____________
Managing Director
_________________.
_________,
Delhi-110051.