Gauhati High Court

LPA/Sp.A/3045/2026 of HEMANTA DAS AND ANR Vs THE STATE BANK OF INDIA AND 12 ORS on 18 August 2026

Cites 0, Cited by 0

GAHC010111682026 2026:GAU-AS:11863 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3045/2026 HEMANTA DAS AND ANR S/O LATE GOPAL DAS, FLAT NO. 306, BAJALI HOUSE 3RD FLOOR, BANALAXMI PATH, BONGAON, BELTOLA, P.S.- BASISTHA, P.O.- BELTOLA, PIN-

GAHC010111682026

2026:GAU-AS:11863

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3045/2026

HEMANTA DAS AND ANR

S/O LATE GOPAL DAS, FLAT NO. 306, BAJALI HOUSE 3RD FLOOR, BANALAXMI PATH, BONGAON, BELTOLA, P.S.- BASISTHA, P.O.- BELTOLA, PIN- 781028, DISTRICT- KAMRUP M, ASSAM.

2: ARPITA DEB

W/O SHRI HEMANTA DAS

FLAT NO. 306

BAJALI HOUSE 3RD FLOOR

BANALAXMI PATH

BONGAON

BELTOLA

P.S.- BASISTHA

P.O.- BELTOLA

PIN- 781028

DISTRICT- KAMRUP M

ASSAM

VERSUS

THE STATE BANK OF INDIA AND 12 ORS

REPRESENTED BY THE CHAIRMAN, STATE BANK OF INDIA, CORPORATE

CENTRE STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POINT, MUMBAI, MAHARASHTRA- 400021.

2:THE BRANCH MANAGER

SBI SOUTH GUWAHATI BRANCH

G.S. ROAD

GUWAHATI

KAMRUP

ASSAM

PIN- 781007.

3:THE HDFC BANK

REPRESENTED BY THE MANAGING DIRECTOR AND CEO

OFFICE AT 4TH FLOOR

HDFC HOUSE

H T PAREKH MARG

165-166 BACKBAY RECLAMATION

CHURCHGATE

MUMBAI - 400020.

4:THE BRANCH MANAGER

HDFC

NOONMATI BRANCH

MANI RAM DEWAN ROAD

OPP BRAMHPUTRA FLOUR MILLS

NOONMATI

GUWAHATI

KAMRUP

ASSAM 781020.

5:THE BRANCH MANAGER

SBI GMC BRANCH

STATFED BUILDING

BHANGAGARH

GUWAHATI

ASSAM

PIN - 781005.

6:THE CITIZEN FINANCIAL CYBER FRAUD REPORTING AND FINANCIAL

SYSTEM (CFCRMS)

UNDER THE MINISTRY OF HOME AFFAIRS

REPRESENTED BY ITS SECRETARY

GOVT. OF INDIA

OFFICE AT NORTH BLOCK OF THE CENTRAL SECRETARIAT

NEW DELHI- 110001.

7:THE NODAL AGENCY MANAGING THE CFCFRMS

INDIAN CYBERCRIME COORDINATION CENTRE (I4C)

REPRESENTED BY THE CHIEF EXECUTIVE OFFICER

OFFICE AT 5TH FLOOR

NDCC-II BUILDING

JAI SINGH ROAD

NEW DELHI 110001.

8:STATE OF MAHARASHTRA

REPRESENTED BY THE CHIEF SECRETARY TO THE STATE OF

MAHARASHTRA

OFFICE AT CS OFFICE

MAIN BUILDING

6TH FLOOR

MANTRALAYA

MADAME CAMA ROAD

NARIMAN POINT

MUMBAI 400032

MAHARASHTRA.

9:THE OFFICER IN CHARGE

SENIOR POLICE INSPECTOR

LOCAL HEAD OFFICE / LAW ENFORCEMENT AGENCY

MAHARASHTRA

NAGPUR CITY

AJANI P.S.ADDRESS- NEAR VISHWAKARMA NAGAR RAMESHWARI

RING ROAD

EMPRESS MILL COLONY

NAGPUR

MAHARASHTRA 440027.

10:OFFICE OF THE RBI OMBUDSMAN

(COMPLAINT MANAGEMENT SYSTEM)

THE RESERVED BANK OF INDIA

REPRESENTED BY DEPUTY OMBUDSMAN

OFFICE AT- 3RD FLOOR

STATION ROAD

PANBAZAR

GUWAHATI- 781001

ASSAM.

11:SHRI RATUL BORAH

SON OF SHRI. NAGEN BORAH

C/O. SHRI. HEMANTA DAS

RESIDENT OF FLAT NO. 306

BAJALI HOUSE 3RD FLOOR

BANALAXMI PATH

BONGAON

BELTOLA

P.S.- BASISTHA

P.O.- BELTOLA

PIN- 781028

DISTRICT- KAMRUP M

ASSAM.

12:DIPANKAR BARMAN

SON OF SHRI. CHABIN BARMAN

OFFICE AT- 5TH FLOOR

NH CENTRE POINT

OPPOSITE BORA SERVICE PETROL PUMP

G.S. ROAD

ULUBARI

GUWAHATI

ASSAM

781007.

13:VAIBHAV RAMTEKE (INFORMANT BEFORE CFCFRMS)

REPRESENTED THROUGH THE AJANI P.S.

MAHARASHTRA

NAGPUR CITY

ADDRESS- NEAR VISHWAKARMA NAGAR RAMESHWARI

RING ROAD

EMPRESS MILL COLONY

NAGPUR

MAHARASHTRA 440027

Advocate for the petitioner(s): Mr. SP Das Advocate for the respondent(s): Mr. AK Sahewalla For respondent Nos.1, 2 and 5

Mr. M Smith

For respondent Nos.3 and 4

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

19.08.2026

Heard Mr. SP Das, the learned counsel appearing on behalf of the Petitioners. Also heard Mr. AK Sahewalla, the learned counsel, who appears on behalf of the Respondent Nos.1, 2 and 5 and Mr. M Smith, the learned counsel who appears on behalf of the Respondent Nos.3 and 4.

2. The case of the Petitioners herein is that the petitioners have invested in DB Stock Broking through the Respondent No.11 on account of certain incentives being provided by the Respondent No.11. It is the further case of the Petitioners that the Petitioners invested an amount of approximately Rs.7 Lakhs in the DB Stock Broking from December 2013, and everything was functioning smoothly. However, on 16.11.2024, one Shri Vaibhav Ramteke had lodged a complaint before the Respondent No. 6 stating that a cybercrime had been committed against him by DB Stock Broking.

3. It is the case of the Petitioners that an amount of Rs.4.5 Lakhs in the separate accounts of the Petitioners in total have been put on hold. It may not be out of place to mention that the Petitioner No.1 has two accounts. One Account is with the Respondent No.1, and the other Account is with the Respondent No. 3. The Petitioner No.2 has an Account with the Respondent No.1. The details of the Bank Account of the Petitioner No.1 are: (a). SBI Account No.20248455684 (GMC Branch Guwahati); (b). HDFC Account No.07581000060494 (Noonmati Branch) and the details of the Bank Account of the Petitioner No.2 is (c). SBI Account No.20006210582 (South Guwahati Branch).

4. On account of the amount of Rs.4.5 Lakhs in separate Bank Accounts of the Petitioners being kept on hold, the Petitioners had approached this Court by filing the instant writ petition.

5. The records reveal that this Court vide an order dated 10.06.2026, issued notice.

6. An affidavit has been filed by the Respondent Nos.1, 2, and 5, wherein it is stated that a complaint was lodged before the Cyber Fraud Reporting and Management System, wherein it was reflected that the Bank Account No.20248455684 of the Petitioner No.1, and the Bank Account No.20006210582 of the Petitioner No.2, were having the credit of the disputed amounts. The details have been provided in the form of a table which is reproduced hereinunder: Acknowledgment Account Number Account Holder Disputed Amount Branch 31911240163126 202484556

Hemanta Das 1,50,000 GMC Branch 202484556

Hemanta Das 1,500 GMC Branch 200062105

Arpita Deb 1,35,000 South Guwahati Branch

7. It was further mentioned that in view of the above, an amount of Rs.1,51,500/- has been marked as a lien in the Bank Account number of the Petitioner No.1, and an amount of Rs.1,35,000/-has been marked as a lien in

Page No.# 7/7 the Bank Account number of the Petitioner No.2.

8. Mr. M Smith, the learned counsel who represents the Respondent Nos. 3 and 4 submits that on the basis of the Cyber Fraud Reporting and Management System, an amount of Rs.1,50,000/- has been marked as disputed in the Bank Account of the Petitioner No.1 maintained with the Respondent No.3 Bank.

9. This Court finds it very relevant to take note of that the Ministry of Home Affairs has issued a Standard Operating Procedure for (NCRP)- (CFCFRMS) Custody, Restoration of Money, and Grievance Redressal on 02.01.2026. Chapter III of the said SOP provides the Grievance Redressal Mechanism. There is also a time limit within which such grievance can be settled. It is the opinion of this Court that the Petitioners would be well advised to ventilate their grievances through the Grievance Redressal Mechanism which provides an adequate and efficacious remedy.

10. Considering the above, this Court, therefore, disposes of the instant writ petition, thereby granting liberty to the Petitioners to approach the respective Branch Managers of the Petitioners’ Bank placing a complaint against the marking of lien in the Petitioners respective Bank Accounts. It is further observed that upon such complaint being submitted, the respective Branch Managers of the Petitioners’ Bank shall initiate the procedures in terms with the SOP 2019 and take steps to bring the grievances of the Petitioners to a logical conclusion.

JUDGE Comparing Assistant

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead