Rajasthan High Court - Jaipur
Bhagyalakshmi Fiscal (India) Private ... vs Union Of India on 15 November, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Civil Writ Petition No. 18933/2019
Bhagyalakshmi Fiscal (India) Private Limited
----Petitioner
Versus
Union Of India
----Respondent
2. S.B. Civil Writ Petition No. 18934/2019 Sunil Sarda S/o Late Sh. Ram Narain Sarda
----Petitioner Versus Union Of India
----Respondent
3. S.B. Civil Writ Petition No. 18979/2019 Punit Khetan S/o Sh. Purushottam Lal Khetan,
----Petitioner Versus Union Of India
----Respondent
4.S.B. Civil Writ Petition No. 19013/2019 Rakesh Mittal S/o Shri Dhruv Chand Mittal
----Petitioner Versus Union Of India
----Respondent
5.S.B. Civil Writ Petition No. 19014/2019 Neeta Goel W/o Satish Goel
----Petitioner Versus Union Of India
----Respondent For Petitioner(s) : Ms.Mudita Sharma For Respondent(s) :
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(2 of 4) [CW-18933/2019] HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 15/11/2019 Registry is directed to connect all these cases. This Court had asked learned counsel for the petitioners to satisfy with regard to the jurisdiction of this Court for filing the present writ petition challenging the provisional attachment order dated 7th October, 2019 passed by the respondents under Section 5 of the Prevention of Money Laundering Act, 2002 (for short "the PMLA Act"). Learned counsel was asked as why SB Criminal Writ Petition has not been filed challenging the said order of provisional attachment.
Learned counsel for the petitioners Ms.Mudita Sharma submitted that the proceedings, initiated under the PMLA Act, are civil in nature and as such, this Court has jurisdiction to issue writ of mandamus and provisional attachment order can be set aside.
This Court, prima facie, found that the High Court Rules permit to file SB Criminal Writ Petition challenging the orders passed in criminal matters. This Court further found that the provisions of the Code of Criminal Procedure, 1973 are applicable as per Section 46 of the PMLA Act.
Learned counsel for the petitioners has produced a copy of the order dated 11th September, 2019 passed by the Coordinate Bench of this Court in SB Civil Writ Petition No.13605/2019 (Dushyant Hada Vs. Union of India), whereby the Coordinate Bench has issued notices in the similar matter and further, the interim order was also passed regarding status quo of the property and in the said case, the petitioner was allowed to use the premises.
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(3 of 4) [CW-18933/2019] This Court, considering issuance of notice in the similar matter, deems it proper to issue notices to the respondents in the present cases also.
Learned counsel for the petitioners made submissions on the stay application and prayed for the same interim relief, as has been granted by the Coordinate Bench of this Court in the case of Dushyant Hada (supra).
A perusal of the order in the case of Dushyant Hada (supra) shows that the petitioner in the said case was the resident of the building - "Sky Terrace" having flat and residing therein and the entire building was seized and the person was not allowed to use his premises. The Coordinate Bench, considering the said aspect, directed to maintain status quo relating to the property and the person was allowed to use his premises.
This Court finds that as far as the prayer for interim relief is concerned, in the present cases, admittedly the sale deed is not executed in favour of the petitioners due to the order passed by the Directorate of Enforcement, Government of India dated 23 rd April, 2019.
The prayer of learned counsel to allow the petitioners to use the premises cannot be granted in the present facts and circumstances of the case.
Learned counsel further submitted that at least, the respondents may be restrained not to finalise the provisional attachment, as the same would affect the rights of genuine home buyers, like, the petitioners, who have invested their hard earned money to buy the flats.
This Court does not find any reason to pass order on the stay application as prayed by learned counsel for the petitioners, (Downloaded on 19/11/2019 at 09:00:53 PM) (4 of 4) [CW-18933/2019] however, it is made clear that after service of notice on the respondents, the prayer for interim relief will be considered.
Issue notice of the writ petitions as well as stay applications, returnable within three weeks. Notices be given 'dasti', as prayed.
A copy of this order be separately placed in each connected file.
(ASHOK KUMAR GAUR),J Preeti Asopa /176 - 180 (Downloaded on 19/11/2019 at 09:00:53 PM) Powered by TCPDF (www.tcpdf.org)