16 June 2025 Civil Writ Petition >> Civil & Consumer Law  

In Serenity Trades Private Limited v/s State of Maharashtra., the Bombay High Court has quashed and set aside a provisional attachment notice dated April 24, 2025, issued by the Respondents, which froze several bank accounts of the Petitioner with HDFC Bank. The attachment notices also targeted other bank accounts linked to the same PAN.

The Petitioner's counsel, Mr. Shah, argued that no demand order had been issued against the Petitioner, nor had any show cause notices (issued on June 5, 2025, after the petition was filed) been adjudicated. This raised doubts in the Court's mind about the legality of provisionally freezing the accounts without an established demand.

In a conciliatory move, the Petitioner offered to maintain a deposit of Rs. 36 Lakhs in one of its HDFC Bank accounts (No. 14448630000036). This amount represents 10% of the potential liability of Rs. 3.56 Crores mentioned in the impugned order, which would be required as a pre-deposit if an appeal becomes necessary in the future. The Petitioner argued that there was no justification for restraining operations on amounts exceeding this Rs. 36 Lakhs.

Considering this offer, the Court conditionally set aside the attachment. The Petitioner is now required to ensure that Rs. 36 Lakhs remains deposited in the specified HDFC Bank account. Should an appeal arise, this amount can be used for the pre-deposit.

The Respondents are directed to inform HDFC Bank about this order and the setting aside of the provisional attachment. HDFC Bank is also to act on an authenticated copy of the order. The Rule was disposed of without costs.