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TMI Blog2024 (10) TMI 1071X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.09.2022 in Original Complaint No. 1738 of 2022 confirming the Provisional Attachment order No.11 of 2022 passed by respondent No.3 and against the said order, an appeal lies under Section 26 of the PML Act. In the case of United Bank of India v. Satyawati Tondon [ 2010 (7) TMI 829 - SUPREME COURT] the Hon ble Apex Court laid down the following principles for entertaining the writ petitions, when alternative remedy is available. In the case of PHR Invent Educational Society vs. UCO Bank and others [ 2024 (4) TMI 466 - SUPREME COURT (LB)] the Hon ble Apex Court while reiterating the principles laid down above, has observed that the High Courts will not entertain a petition under Article 226 of the Constitution of India if an effective alter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.11 of 2022 in ECIR/08/HZO/2012 passed by respondent No.3 and consequently prayed this Court to set aside the said orders and for other appropriate reliefs. 2. It is the case of the petitioner that he is a Non-Resident Indian, holding an Indian Passport bearing No. M9957325 and he is engaged in the business of manufacturing gold jewellery in Dubai in the name and style of M/s. Yahya Eid Goldsmithing Jewellery, L.L.C. It is the further case of the petitioner that initially an F.I.R. was registered vide No. RC-4(E)/2011, dated 19.10.2011 by the Central Bureau of Investigation, Bank Securities and Frauds Cell, Bangalore, against one Mr. Sanjay Agarwal, Managing Partner of the firm M/s. Ghanshyamdas Gems and Jewels and others for the offences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.04.2022 in F.No. ECIR/08/HZO/2012 and further filed a complaint before the Adjudicating Authority i.e., respondent No.4, who in turn, allowed the same by confirming the provisional attachment order, vide order dated 30.09.2022, in Original Complaint (OC) No.1738 of 2022 in PAO.No.11 of 2022 in ECIR/08/HZO/2012. 4. This Court, vide order dated 12.06.2023, while issuing notice before admission, granted interim direction to respondent Nos. 1 to 3 not to proceed in any manner against the immovable properties of the petitioner and suspended the orders dated 30.09.2022 passed in O.C. No. 1738 of 2022 in PAO No.11 of 2022 in ECIR/08/HZO/2012, on the ground that the Chairman of respondent No.3, who passed the impugned order, is not a judicial mem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Adjudicating Authority has reason to believe that any person has committed an offence under Section 3 or is in possession of proceeds of crime, he may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under sub-section (1) of Section 5, or, seized or frozen under section 17 or Section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money laundering and confiscated by the Central Government. The competent authority under the PML Act shall make a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... types of public money and the dues of banks and other financial institutions. In our view, while dealing with the petitions involving challenge to the action taken for recovery of the public dues, etc. the High Court must keep in mind that the legislations enacted by Parliament and State Legislatures for recovery of such dues are a code unto themselves inasmuch as they not only contain comprehensive procedure for recovery of the dues but also envisage constitution of quasi-judicial bodies for redressal of the grievance of any aggrieved person. Therefore, in all such cases, the High Court must insist that before availing remedy under Article 226 of the Constitution, a person must exhaust the remedies available under the relevant statute. 44 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with greater caution, care and circumspection. 11. In the case of Commissioner of Income Tax vs. Chhabil Dass Agarwal (2014) 1 SCC 603, the Hon ble Apex Court observed as under: 15. Thus, while it can be said that this Court has recognised some exceptions to the rule of alternative remedy i.e. where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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