Alibaba.com has approached the Bombay High Court against the freezing of bank accounts with the Hongkong Shanghai Banking Corporation (HSBC) by Maharashtra Police allegedly under the pretext of an investigation into a cheating case.
The account was freeze through a notice made under section 91 of CrPC to conduct an investigation for the case of cheating lodged against them. But Alibaba claimed that the police had acted without application of mind as it had no relations with the offending entity, Alibaba Cloud India LLP.
Alibaba was alleged that one of its entities Alibaba Cloud India LLP was hosting a download link for a mobile application that was purportedly being used for cheating persons
FIR was filed by an individual who claimed that he had made a payment of Rs. 65,000 to the app but the app shut down mid-way and he was not able to contact the person with whom he was coordinating before. That’s why the police sent the notice to HSBC to freeze the current accounts of Alibaba.com.
The plea filed by Alibaba.com stated that the police do not hold the power to take any such action of freezing the bank accounts and they were not given any prior notice or summon for the same. It claimed that the action was ex-facie unlawful. It alleged that on mere suspicion that one of its associated entities has made this mobile application, the police freeze their bank accounts. Also, they do not have any relation with Alibaba Cloud India LLP, but the police issued notice only due to their suspicion of them.