To,Dt.: Date of letter
The Branch Manager,
Bank name,
Bank branch address
Sub: Request for defreezing of Bank Account No. Bank account number of M/s. Company name.
Dear Sir/Madam,
I, Managing Director's name, Managing Director of M/s. Company name, submit this letter in connection with the recent freezing of our company's current account bearing No. Bank account number maintained with your branch. We have been informed by the bank that the freezing action has been taken pursuant to a complaint lodged with the police by one Mr. Complainant's name, resulting in a restriction upon the operation of our account. I respectfully request you to consider the following facts and take immediate steps to defreeze the account, or in the alternative, to limit the freeze to the disputed amount.
1.The freeze was initiated pursuant to a complaint concerning a transaction of Disputed transaction amount, which was credited to our account on Date of credit of disputed amount by Name of remitter who credited the amount. The said amount was received against a GST invoice raised on Date of GST invoice for services rendered by our company, namely, the organisation of a Malaysia tour package for an end-customer, Mr. End-customer's name, for the travel period from Travel period of tour package.
2.It is submitted that neither M/s. Company name nor any of its Directors has any direct or indirect involvement with the complainant, Mr. Complainant's name. The transaction in question was carried out in the ordinary course of business between our company and Name of remitter who credited the amount. We are unaware of any issue concerning this payment and are willing to extend our full cooperation to the authorities for the resolution of the matter.
3.The freezing of the entire bank account is grossly disproportionate, inasmuch as the complaint pertains only to a single transaction of Disputed transaction amount. It is a settled principle of law that a freezing order ought to 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 offence and the entire balance lying in the account. In Rohit Kumar vs. State of NCT of Delhi, Citation of Rohit Kumar vs. State of NCT of Delhi, it was held that the freezing of bank accounts should be limited to the disputed amount so as to prevent undue hardship and disruption of normal business operations. Further, in State of Maharashtra vs. Tapas D. Neogy, Citation of State of Maharashtra vs. Tapas D. Neogy, the Hon'ble Supreme Court has emphasised that the freezing of accounts is justified only where a clear connection exists between the alleged offence and the account.
4.The freezing of our account has severely affected our business operations. As you are aware, all monetary transactions, including payments to vendors, disbursement of employee salaries and other operational expenditure, are routed through this account. Owing to the freezing of the account, we are unable to meet our financial obligations, which is not only hampering our business but also adversely affecting the livelihood of our employees.
In view of the aforesaid facts and the disproportionate impact of the freezing action, we respectfully request you to kindly defreeze the account immediately so as to enable us to carry on our day-to-day business activities; or in the alternative, to restrict the freeze to the disputed amount of Disputed transaction amount until the conclusion of the investigation, thereby permitting us to continue our business without further disruption.
We trust that you will consider our request with urgency, having regard to the significant financial and operational hardship being caused by the freezing of the account. 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,
(Signatory's name)
Managing Director
M/s. Company name
Company address