IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3995 of 2010 M/S KING FINANCE & LEASING COMPANY PVT. LTD., HAVING ITS REGISTERED OFFICE AT C/O N.C. SHAW AND CO.,P-45, GORGACHA ROAD, KOLKATA – 700 053, THROUGH ITS DIRECTOR, JAINENDRA TRIPATHI. ………… PETITIONER. Versus 1. THE RESERVE BANK OF INDIA, THROUGH ITS DEPUTY GENERAL MANAGER, GANDHI MAIDAN, PATNA. 2. DEPUTY GENERAL MANAGER, RESERVE BANK OF INDIA, GANDHI MAIDAN, PATNA. 3. THE UNION OF INDIA, THROUGH REGISTRAR OF COMPANIES, BIHAR, PATNA, MAURYALOK COMPLEX, PATNA. 4. AXIS BANK, BEHALA, KOLKATA, THROUGH ITS BRANCH MANAGER. 5. AXIS BANK, RANCHI BRANCH, RANCHI, THROUGH ITS BRANCH MANAGER. ………….. RESPONDENTS. ----------- 04/ 22.06.2011 Heard counsel for the petitioner and Union of India representing the Registrar of Companies, Bihar, Patna. No one appears on behalf of the Reserve Bank of India, neither any counter affidavit has been filed on behalf of Reserve Bank of India. Petitioner’s company was registered with the Registrar of Companies, Bihar on 15.6.1991. Later on, the petitioner company was granted permission for shifting of his registered office from Bihar to West Bengal by the Company Law Board, Eastern Region Bench, Kolkata on 5.5.1997 confirming the transfer of the registered office of petitioner’s company from Bihar to West Bengal, a certificate has also been issued by the Registrar of Companies, Bihar vide 2 Certificate No. 0304941 dated 14.8.1997. After transfer of the petitioner company from Bihar to West Bengal and fulfilling all statutory requirements, it was registered with the Registrar of companies, West Bengal. Petitioner’s company had accounts with the Axis Bank, Kolkata and Ranchi. Information regarding shifting of Registration was duly communicated to the Branch of Axis Bank at Ranchi and Kolkata. Despite this fact name of petitioner’s company was included in the list of defaulting company and an information in this regard was issued by the Deputy General Manager, Reserve Bank of India, Patna. Petitioner’s grievance is that its name has wrongly been included in the defaulted company and due to this Bank account’s of the petitioner’s company has been frozen. Prayer of the petitioner is for a direction to the Reserve Bank of India as well as concerned Branches of Axis Banks at Ranchi and Kolkata to release its’ freezed account. In the counter affidavit filed on behalf of Registrar of Companies, Bihar there is an admission 3 that wrongly the name of petitioner’s company was included in the list of defaulters, but there is nothing to show that what follow up action has been taken after realizing this error. This application is being disposed of, directing the Reserve Bank of India for issuing a direction to Respondent No. 4, Axis Bank, Kolkata and Respondent No. 5, Axis Bank, Ranchi to delete the name of the petitioner’s company from the list of defaulters company and also to release the bank account of the petitioner, which has been frozen. The Reserve Bank of India must issue direction in this regard to Respondents 4 and 5 within two weeks from the date of communication/receipt of this order. Respondents 4 and 5 will also complete all formalities on their part regarding releasing the frozen accounts of the petitioner’s company, immediately after receiving the directions of the Reserve Bank of India. DKS/ (Mridula Mishra, J.) (Shailesh Kumar Sinha, J.)