JUDGMENT Heard Mr. Kshitij Shailendra, learned counsel for the petitioners, Mr. Ashok Mehta, learned Additional Solicitor General of India, assisted by Mr. Ashok Singh, learned Advocate, for respondent Nos.1 to 3. The petitioners, in the instant writ petition, seek to challenge the order dated 3.11.2014 in respect of their bank account No.0381010100001321 held at J & K Bank Ltd., 4th Floor, Chaddha Complex, GMD Road, Moradabad which, by this order has been freezed. They are also seeking permission to operate this account and seek a direction to the respondent-Bank not to cause any interference in their running and operating this account. We have heard learned counsel for the parties and perused the averments in the writ petition, its annexures as well as the counter affidavit and in particular the prayer made in the counter affidavit. The prayer made in the counter affidavit reads thus: "In light of the above mentioned submissions, the present petition does not contain any merit and may be dismissed. However, the department has no objection to the petitioners operating their account for transactions other than those related to the exports under investigation." Learned counsel for the parties have agreed for disposal of the writ petition by the following order: "The petitioners are allowed to operate their aforementioned account for transactions other than those related to the exports under investigation. If the petitioners receive any payments in connection with the exports under investigation in this account, they shall neither transfer nor use those amounts for any purpose without permission of the respondent-Investigating Agency. Insofar as other transactions are concerned, it is open for them to operate this account. It is needless to mention that the respondent-Bank shall allow them to operate this account freely in respect of transactions other than those related to the exports under investigation. In other words, the respondent-Bank shall allow the petitioners to operate the account in terms of this order. The petitioners, through their learned counsel appearing on their behalf, undertake to cooperate in the completion of the investigation in the case of fraudulent duty drawback. Whenever the Investigating Officers seek any information or attendance, they shall comply with such directions.
In other words, the respondent-Bank shall allow the petitioners to operate the account in terms of this order. The petitioners, through their learned counsel appearing on their behalf, undertake to cooperate in the completion of the investigation in the case of fraudulent duty drawback. Whenever the Investigating Officers seek any information or attendance, they shall comply with such directions. The statement made on behalf of the petitioners, by their learned counsel, that the petitioners, during the pendency of investigation and if show cause notice is issued thereafter, till the show cause notice is finally decided, shall neither transfer/sale nor create any third party right in the Company's immovable assets without permission of the respondent-Investigation Agency, is recorded and accepted. It is needless to mention that the respondent-Investigation Agency shall complete the investigation expeditiously." With these observations, the writ petition is disposed of.