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2021 (5) TMI 999 - HC - Money LaunderingProvisional attachment of Bank Accounts - jurisdiction of proceedings initiated against the petitioner - heavy cost for the harassment caused to petitioner -HELD THAT:- This court notices that the petitioner has preferred the present writ petition in 2017 which was originally placed before the Division Bench wherein the order in RAMESHWAR SHARMA VERSUS UNION OF INDIA AND ORS [2017 (9) TMI 1953 - RAJASTHAN HIGH COURT] was passed on 20.09.2017. The prayer clause of the writ petition shows that the petitioner had prayed for quashing of the order which his bank account was free zed and secondly he has also prayed to declare the proceedings initiated against the petitioner as without jurisdiction and ultra wires of the Act of 2002 - While passing the order on 20.09.2017, the Division Bench noticed that the saving account had already been seized and so far as apprehension of coercive steps are concerned the petitioner was left free to move appropriate application subsequently. The preliminary objection raised by the respondent regarding maintainability of the second stay application that it goes beyond the scope of the writ petition, is found to be without basis. The petitioner has by way of the second stay application prayed in the proceedings which have now been initiated from the proceedings arising out if the ECSI case No.2040 for which the writ petition is pending before this Court, in view thereof, this Court would not oust the petitioner’s second stay application - With regard to the new submission of learned Additional Solicitor General with regard to the two parallel remedies this court finds that presenting oneself before the Adjudicating Authority which is department itself, cannot be said to be an alternate remedy available to an individual. The contention of learned ASG is that the respondents have no knowledge about the contents of the case filed by Anil Kumar Gadodia or of the order passed by the Supreme Court way back on 06.05.2021 cannot be accepted to be correct and truthful - Since the petitioner as well as Anil Kumar Gadodia are commonly arrayed as defendants in the complaint filed under Section 5 (5)of the Prevention of Money Laundering Act, 2002. I would respectfully follow the order passed by the Supreme Court in Anil Kumar Gadodia’s case and restrain the respondent/s from taking any coercive steps against the petitioner in the meanwhile as directed by the Supreme Court. The writ petition of Anil Kumar Gadodia has been directed to be listed before the Supreme Court on 19.07.2021, list this case thereafter on 26.07.2021.
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