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2023 (8) TMI 777

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..... ssarily reminded that the appellant cannot be financially choked to the extent of preventing it from carrying on legitimate business activities while simultaneously defending the proceedings initiated by the respondents against him. The ends of justice would require to modify the judgment of the learned single Judge and to permit the appellant to operate two of its bank account pending finalisation of the adjudication proceedings by the respondents so that the appellant can carry on its legitimate business activities even while defending the proceedings initiated against him by the respondents. Lifting of the attachment in respect of the two accounts allowed - appellant shall be permitted to operate the said accounts during the pendency of .....

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..... nate remedy that the appellant could pursue against the orders impugned. 2. When this appeal came up for admission before us, we took note of the contention of the learned counsel for the appellant Sri.Aswin Gopakumar that if all the bank accounts pertaining to the appellant and its partners are attached by the respondents then it would be impossible for them to carry on their business during the pendency of the investigation, that is said to be underway at the instance of the respondents. It was also pointed out that at any rate since the immovable properties of the appellant have already been provisionally attached by the respondents the same would offer sufficient security to protect the interests of the revenue pending the adjudication .....

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..... on proceedings by the respondents so that the appellant can carry on its legitimate business activities even while defending the proceedings initiated against him by the respondents. Accordingly, we direct a lifting of the attachment in respect of the following two accounts pertaining to the appellant, and covered by Ext.P6 order that was impugned in this writ petition. (1) A/c.No.50200027207947, HDFE Bank, Pattambi - savings account in the name of Safeek.K and (2) A/c.No.14120100032507, Federal Bank-PTB savings account in the name of Ali.K.M. 5. The appellant shall be permitted to operate the aforesaid accounts during the pendency of the adjudication proceedings initiated at the instance of the respondents and until the culmination thereof .....

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