To, Dt.:
xxxx
The Branch Manager,
xxxxxx,
xxxxxx
Sub: Request for Defreezing of Bank Account No. xxxx of
M/s. Xxxx.
Dear Sir/Madam,
I, Xxxx, Managing Director of M/s. Xxxx., am
writing to you in connection with the recent freezing of our company’s current
account bearing No. xxxx 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 Mr. Xxxx, 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 ₹61,669/-, which was credited to our
account on 04.10.2024 by Xxxx. This amount was received against a GST invoice
raised on 26.09.2024 for services rendered by our company, specifically for
organizing a Malaysia tour package for an end-customer, Mr.xxxx, for the travel
period from 02.10.2024 to 07.10.2024.
2. It is submitted that M/s. Xxxx. or its
any Director have no direct or indirect involvement with the complainant, Mr. Xxxx.
The transaction in question was conducted in the ordinary course of business
between our company and Xxxx. 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 ₹61,669/-. 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 ₹61,669/- 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,
(Xxxx)
Managing Director
M/s. Xxxx.
xxxxxx.