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TMI Blog2018 (4) TMI 1888X X X X Extracts X X X X X X X X Extracts X X X X ..... HAT:- The learned Single Judge has thoroughly appreciated the facts and circumstances of the case and declined to interfere with the impugned order of provisional attachment, however, granted liberty to the appellant to approach the adjudicating authority, who is the fact finding authority There are no illegality or irregularity in the order passed by the learned Single Judge, warranting interf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time. 2. The writ appeal has been filed by the writ petitioner challenging the order passed by the learned Single Judge declining to interfere with the impugned order of provisional attachment passed by the respondent. 3. It appears that the appellant is a purchaser of the land in question on private ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nged in the writ petition. 4. During the course of arguments, it is submitted on behalf of the appellant that the actual loss to the Government is only ₹ 53.5 crores due to the alleged wrongful waiver of interest granted by the Bank in view of the stand taken by the CBI in the counter filed by them in the Criminal Original Petition filed by the appellant seeking to quash the criminal proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner's attempt to quash the FIR also failed, as this Court dismissed the said Crl.O.P. by specifically holding that unless the investigation gets completed, this court cannot jump into a conclusion that the petitioner is innocent bona fide purchaser and not privy to the alleged crime. Therefore, without expressing any view on the merits of the claim made in this writ petition, the writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter and pass order on merits and in accordance with law after hearing both the parties. It is for the adjudicating authority as a fact finding authority to look into the grievance of the appellant with regard to raising of provisional attachment or whether they are genuine party are whether there is any camouflage activity. The appellant is at liberty to raise all their contentions even with rega ..... X X X X Extracts X X X X X X X X Extracts X X X X
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