Interim Order 1

Order Details: Order Below EX 1
Pdf Text: Case No. 28 PW 2023 State Vs Fausta and ors.
CNR-MHMM18-000169-2023
ORDER BELOW EXH.6
1. The informant/applicant in C. R. No.710/2015 registered with
Bandra Police Station, Mumbai has filed this application to defreeze the
account of wanted accused Mrs. Gudoo Swami and credit the amount
Rs.20,00,000/- to the account of victim deceased Mr. Hubert. Perused
application, say of Bandra Police Station, Mumbai and Ld. A.P.P. Heard
Ld. Advocate for applicant and Ld. A.P.P.
2. It is alleged that the accused along with wanted accused have
cheated the victim and misappropriated Rs.27,00,000/-. Said amount is
debited from his account and credited to the account of wanted accused.
The amount was debited from the account of victim. The victim realized
the fraud. Hence, informant has registered the F.I.R. at Bandra Police
Station. Immediately the amounts credited in the beneficiary account is
frozen.
3. Accused are on bail. They orally submitted that they have no
objection to return the amount to the victim. The concerned police and
Ld. A.P.P. have no objection to transfer the freeze amount to the account
of victim. Except victim, no one has claimed the freeze amount. The
victim is in need of money. If said amount is not released, it will remain
unused and the family of deceased victim will suffer irreparable loss.
Said amount can be transferred to the account of victim on a condition
to execute the Indemnity Bond by informant and legal heirs of the
deceased victim to deposit the said amount as and when required by this
court. Hence, I am of the view that the applicant is entitled to get the
reliefs as sought. Accordingly, I proceed to pass the following order -
ORDER
a. The application is allowed.
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Case No. 28 PW 2023 State Vs Fausta and ors.
CNR-MHMM18-000169-2023
b. The concerned Nodal Officer of the following bank/branch is
directed to defreeze amount of Rs.20,00,000/- lying in the account of
wanted accused and transfer it in the account of victim Hubert Fonseca,
bearing Account No.50100043617930 maintained with HDFC Bank Ltd.,
Bandra West Branch, Mumbai, immediately.
Bank Name Account No. Amount
to be
transferred
Syndicate Bank
Goregaon East Branch 50172010113835 20,00,000/-
c. The concerned Investigating Officer shall also brought the
above order to the notice of concerned bank and request them to transfer
the amounts lying in above account to the account maintained on the
name of deceased victim mentioned in the application, after executing
indemnity bond of Rs.20,00,000/- (Rupees Twenty Lakhs only) before
Respondent No.1 by the applicant and legal heirs of victim.
MUMBAI (GIRISH S. MANE)
DATE – 07.02.2026 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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