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2015 (11) TMI 1655 - DELHI HIGH COURTSubstitution of property attached - Territorial jurisdiction of Court - Held that:- The challenge in this petition is confined to substitution of the property provisionally attached and attachment whereof has been confirmed by the Adjudicating Authority and on which aspect the possibility of conflicting orders of different foras does not arise. This Court otherwise has territorial jurisdiction as the Adjudicating Authority, before which the petitioner sought such substitution and which refused to go into the said question, is admittedly within the territorial jurisdiction of this Court. This writ petition shall be treated as the representation of the petitioner to the respondent No.2 for substitution of the property attached. (ii) The petitioner may within two weeks hereof make a further representation with documents to the respondent No.2. (iii) The respondent No.2 shall within three weeks hereof give an opportunity of hearing to the petitioner to enable the petitioner to satisfy the respondent No.2 on all aspects in support of its representation. (iv) The petitioner shall render all further information and particulars as may be required by the respondent No.2 to be able to make the said decision. (v) The respondent No.2 shall pass a reasoned order on the representation aforesaid of the petitioner on or before 31st December, 2015. (vi) In the event of the respondent No.2 permitting the petitioner to so substitute the property attached, the substitute property shall be deemed to have been attached under the provisional order and the attachment thereof shall be deemed to have been confirmed by the order already passed by the Adjudicating Authority and, in the appeal already preferred by the petitioner before the Appellate Authority, the property attached shall again be read with reference to the substitute property and the petitioner shall not derive any advantage therefrom.
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