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2015 (6) TMI 1104 - HC - Money LaunderingProvisional Orders of Attachment - Held that:- As referring to extract Section 2(na) of PMLA “investigation” includes all the proceedings under this Act and the impugned Provisional Orders of Attachment have been passed in exercise of powers under Section 5(1) of PMLA. Therefore, the proceeding under Section 5(1) of PMLA also comes under the definition of “investigation”. As per the above said interim order of the Hon'ble Supreme Court of India [2013 (4) TMI 847 - SUPREME COURT OF INDIA ], this Court shall not pass any order, which may, in any manner, impede the investigation being carried out by the Directorate of Enforcement.Therefore, this Court accepts the first preliminary objection raised by the learned Additional Solicitor General of India. So far as the second preliminary issue is concerned, this Court is not inclined to go into the same for the reason that the writ petitions cannot be entertained by this Court and hence, it cannot give any findings whether the impugned orders are sustainable in law or petitioners have to avail the alternate remedy available under the PMLA. Therefore, this Court holds that the writ petitions are not maintainable before this Court and they are dismissed. The petitioners, if so advised, are at liberty to approach the Hon'ble Supreme Court of India for redressal of their grievance. In the circumstances of the case, there shall be no order as to costs.
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