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TMI Blog2012 (4) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... aintainability of the writ petition by stating that the petitioner has an efficacious remedy available under the Prevention of Money Laundering Act (hereinafter referred to as the Act). 3. The power under Article 226 of the Constitution of India is wide enough but the said power is regulated by the self imposed reasonable restrictions. One such restriction includes availability of equally efficacious remedy to the aggrieved party. 4. Precise background of the case is that the respondent No. 3 authorized by the respondent No. 1 under sub-section (1) of Section 5 of the Act read with Notification No. GSR.441(E) dated 1st July, 2005, has passed the provisional attachment order No. 03.CHD/2011. In the said order of attachment, amongst other cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous features in the said order of corrigendum, the respondent No. 3 has passed the order of provisional attachment and has been directed not to remove, part with or otherwise deal with such properties as detailed in the schedule and in the schedule property as shown is the two storeyed building of the petitioner. 6. Dissatisfied with the corrigendum instant petition has been filed. 7. Learned counsel for the petitioner would contend that the petitioner is not in any manner connected with the commission of offence. While referring to Section 3 of the Act tried to project that action can be only against a person who is directly or indirectly connected with the proceeds of crime. Then also referred to Section 5 of the Act as to what type of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the adjudicatory authority under Section 8 of the Act and to project her innocence and the authority, after considering the cause as shall be projected, has to pass appropriate orders in-keeping with the cannons of justice and in case of any dissatisfaction with the order, party aggrieved has a right of appeal before the Appellate Tribunal and then again a right of appeal before the High Court against the order of Appellate Tribunal. When such efficacious remedy is available, petitioner has been ill advised to file the instant petition. 11. It is also to be made clear that in terms of Section 5(4) of the Act the person interested cannot be prevented from enjoyment of immovable property attached under sub-section (1), therefore, there i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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