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2019 (12) TMI 1098 - HC - Benami PropertyBenami Property - Scope of amendment - retrospective or prospective - legality, validity and propriety of the impugned show cause notice and Provisional Attachment Order (PAO) - amendment application urged that during the pendency of this case, the respondents have passed a consequential order under Section 24(5) of the Prohibition of Benami Property Transactions, 1988 (Act of 1988) - HELD THAT:- We have perused the show cause notice and are unable to hold that it is issued without authority of law, which warrants interference by this Court at this stage. Since we are not unable to hold that show cause notices were issued without authority of law, the judgments cited by Shri Mishra regarding alternative remedy are of no assistance to the petitioners. As held by this Court in Kailash Assudani OTHERS [2017 (8) TMI 383 - MADHYA PRADESH HIGH COURT] these petitions cannot be entertains. Pertinently, parties are at loggerheads on a factual aspect whether petitioner has filed the reply to the show cause notice or not ? Shri Mishra, learned senior counsel repeatedly and vehemently contended that the reply on merits to the show cause notice was indeed filed whereas Shri Lal refuted the same. We are not inclined to enter into this aspect at this stage. Since the petitioner is at liberty to raise all relevant aspects before Adjudicating Authority under Section 26 of the Act of 1988, interference is declined.
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