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parul khuran   01 November 2021

order 37 cpc summary suits

wrongful freezing of account by the bank can the suit be filed under order section 37 of cpc


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 4 Replies

G.L.N. Prasad (Retired employee.)     02 November 2021

Before proceeding to file a suit in the proper court, explore other avenues like Banking Ombudsman,  District Consumer Forum, and a writ in HC, as any suit takes a minimum of 3 years in court. These efforts are much faster and do not cost a single rupee if you file online complaints.

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P. Venu (Advocate)     02 November 2021

It is too hasty to rush to the Court without exhausting other remedies, as suggested.

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Dr J C Vashista (Advocate)     03 November 2021

No, it do not fall within the perview of Order XXXVII CPC for instituting summary suit.

1 Like

Megha   05 February 2022

Hi, 

Order XXXVII of the Civil Procedure Code, 1908, deal with summary suits.  The proceedings under this suit is applicable to suits upon bills of exchange, promissory notes and hundies where the plaintiff seeks only to recovers a debt or liquidated damages (in money) payable by the defendant.  

Wrongful freezing of bank accounts is outside the purview of Order XXXVII.  For a remedy against this, you can first consider approaching the Police Officer under Section 102 of the Criminal Procedure Code, 1973 (CrPC).  Under this section, the Police Officer has the power to restore the property to the person if he is of the view that continues retention of the property is not necessary.  The property can be retored upon execution of bond stating that the property shall be produced before the Court as and when required.  

If the Police Officer refuses to restore the property, defreezing in your case, you may approach a Magistrate under Section 457 of CrPC.  The Magistrate, under Section 457, has powers to make an order in respect of disposal of delivery of the sezed property to the person entitled to possession thereof.  

You may also approach the High Court, but please note that the Court may reject the writ on the grounds of availability of effacious alternate remedies.  

Best regards,
Megha


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