File writ petition in HC in Kolkata against order passed by Bank to freeze your account on basis of ED letter
2) seek orders to set aside freezing of account
3) bank should furnish you copy of letter received from ED
I am an NRI. A month back my Kolkata bank froze my NRI account, with reason "Enforcement Directorate letter". I have not received any notice from ED, nor any notice from the bank. Only when I asked bank, why I cannot do debit transaction, they said account in "debit freeze" due to ED letter.So far unable to get a copy of ED letter from bank. Questions: 1. What to do about account freeze, given no notice/info from ED or Bank? Should I wait for some notice or take action now? 2. Is the bank obligated to provide me a copy of the ED letter? 3. For legal action/approaching high court, which high court has jurisdiction? Kolkata or New Delhi? 2. How to know if any danger in travelling to India, can I be stopped at airport?
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File writ petition in HC in Kolkata against order passed by Bank to freeze your account on basis of ED letter
2) seek orders to set aside freezing of account
3) bank should furnish you copy of letter received from ED
1. It is recommended to get in touch with the bank and ask about the ED letter and the causes of the account being blocked. If the bank remains silent, you could consider obtaining legal counsel.
2. The bank must furnish you a copy of the ED letter.
3. Should you wish to take legal action, you can file a case at either the Kolkata High Court or the Delhi High Court, as applicable.
4. It is impossible to tell if you will be stopped at the international airport. Nevertheless, it is wise to bring along all necessary paperwork and be prepared to answer any questions from the officials.
1. The bank should have notified you at least after taking action on the orders of ED.
Thus you can issue a legal notice demanding the reasons for freezing your bank account, and also for the copy of the said ED letter .
If you do not get any response, then you can either approach high court to direct the bank to unfreeze your account or file a suit for mandatory injunction against the bank with a prayer to direct the bank to set aside the orders for freezing your account.
2. Yes, because you are its customer and not a third party.
3. Wherever cause of action arose.
4. If you apprehend to being stopped at airport at the time of travelling abroad, then you can approach the concerned authorities to enquire about it.
You need to approach court seeking defreezing of the same.
You can get it the same from ED as matter of right
If any look out notice is issued then you may be detained
Dear client,
Since you have not received any notice or information from either the Enforcement Directorate or the bank, it would be advisable to contact the bank again and ask for a copy of the ED letter. You may also want to inquire about the reason for the account freeze and any steps that can be taken to resolve the issue. Depending on the response from the bank, you may also want to consider consulting with a lawyer who specializes in NRI banking matters.
Yes, the bank should provide you a copy of the ED letter upon request. If the bank is not cooperating, you can consider filing a Right to Information (RTI) application with the ED to obtain a copy of the letter.
The high court that would have jurisdiction would depend on where the cause of action arises. In this case, since the account is with a Kolkata bank and the account freeze was due to an ED letter received by the bank in Kolkata, the Kolkata High Court would likely have jurisdiction.
It is difficult to say whether there is any danger in traveling to India without more information about the situation. However, if you are concerned about being stopped at the airport, you may want to consider contacting the Indian embassy or consulate in your country of residence for guidance. It may also be helpful to consult with a lawyer who specializes in NRI matters to assess any potential risks.
1. Please write to the Bank seeking reason for not allowing you to transact with your NRI account.
2. If you do not get any reply with in next 15 days, file a Writ Petition before the Calcutta High court against the Bank making the ED also as the necessary party in the case, alleging inaction by the bank and also inappropriate action by the ED.