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TMI Blog2021 (12) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfied with the reasons assigned in the affidavit filed in support of the application. The delay in filing the instant appeal is condoned. The application being I.A. CAN 1 of 2018 (Old CAN 1907 of 2018) is allowed. Re: MAT 241 of 2018 This appeal has been filed by the writ petitioner being aggrieved by the judgment and order 13 th September, 2017 passed in W.P. No.23127(W) of 2017. The Division Bench on hearing the appeal under Section 5 of the Limitation Act, 1963 directed the application to be taken up along with this appeal vide order dated 24 th May, 2021. We have elaborately heard Mr. Vikash Singh, learned counsel for the appellant and Mr. N. C. Bihani, learned counsel appearing on behalf of the State / respondent no.8. The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the appellant before issuing the order of attachment of the bank accounts. Contending that the action of the SEBI is illegal, the writ petition was filed. The Learned Single Bench by order dated 13th September, 2017 dismissed the writ petition directing the appellant to avail the alternative remedy. Aggrieved by such order, the appellant is before us. We have elaborately heard Mr. Singh, learned counsel for the appellant. We have also heard Mr. N. C. Bihani, learned counsel for the State of West Bengal. The learned counsel for the appellant submitted that the power under Article 226 of the Constitution of India can be exercised by this Court for issuing various categories of writs and mere existence of an alternative remedy cannot ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernative remedy cannot operate as a bar in at least three contingencies where the writ petition has been filed for enforcement of any fundamental right or where there has been violation of principles of natural justice or where the order or proceedings are wholly without jurisdiction and/or where vires of the Act is challenged. The appellant seeks to bring his case within the ambit of the exception which has been drawn by the Hon'ble Supreme Court to show that the order of attachment is in violation of principles of natural justice and this argument is sought to be buttressed by referring to Section 226(3)(iii) of the IT Act. Be it noted that Section 226 of the IT Act deals with other modes of recovery. Sub-Section (1) of Section 226 st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the order impugned does not call for interference and the appeal stands dismissed. We restore the liberty granted to the appellant by the learned Single Bench and we permit the appellant to file appropriate application before the competent authority with a prayer for lifting the order of attachment and de-freezing the bank account and term deposit account under the relevant statute and while entertaining such an application, the concerned authority shall endeavour to consider the application on merits by excluding the period during which the writ petition was pending before this Court and till receipt of the certified copy of this judgment and order while computing limitation. Re: I.A. CAN 2 of 2018 (Old CAN 1908 of 2018) In view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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