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2023 (7) TMI 757

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..... DIRECTORATE OF ENFORCEMENT AND OTHER [ 2022 (7) TMI 1437 - RAJASTHAN HIGH COURT] has held that it is not the correct remedy at this stage to approach this Court in the writ jurisdiction, as there is an appropriate remedy under Section 26 of the PLMA. Upon such submissions having been made, this Court is conscious of the fact that earlier orders were being passed for making representation to the liquidator by the depositors for their respective claims, but the turn of events and particularly, the judgment of this Hon ble Court as well as the proposition under the PMLA, which includes attachment and the adjudication before the appellate Tribunal, does not call for any interference at this stage. The present petition is disposed of wit .....

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..... laim of the depositors on count of the fact that an attachment order was passed by the Directorate of Enforcement, Government of India and, therefore, the complete assets of the society in question are subject to that attachment of the properties of the society passed under sub-Section (1) of Section 5 of the Prevention of Money Laundering Act, 2002 (for short, the PMLA ). They further submits that unless the attachment is done away with any consequential relief at this stage is not permissible to the present petitioners. It is also informed by learned Senior Counsel Additional Solicitor General of India that proper appeals are already pending for adjudication before the appellate Tribunal and it shall be open for the depositors to join .....

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..... if the final attachment order has been issued and the petitioners feel aggrieved against such order, then they are required to take necessary remedy to assail the same orders under the law. This Court, accordingly, dismiss these writ petitions with liberty to the petitioners to take appropriate legal remedy for challenging the subsequent orders, which have been passed by the Authority, wherein final attachment orders have been passed. The issue of locus and jurisdiction raised by the respondents before the Appellate Forum, can always be decided after hearing both the parties as per law. A copy of this order be separately placed in each petition. 4. This Court in the case of Dipesh Mishra Ors. Vs. Union of India Ors .....

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