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2022 (12) TMI 779 - HC - Benami PropertyProhibition of Benami Property Transactions - attaching the properties of the petitioners provisionally until passing of the order by the Adjudicating Authority u/s 26 (3) of the Act - primary contention of the petitioners is that an incorrect and illegal conclusion has been arrived at by the authorities that the petitioner in each of the three cases were benami holders of property or its beneficiary - grounds of violation of the principles of natural justice have also been taken as, according to the petitioners, their replies were not properly considered and they were not given an effective opportunity to defend themselves - Allegation of recording the statement of the petitioners in duress has also been made - HELD THAT:- Though contentious issues have been raised in these petitions which require elaborate deliberations, this Court is of the opinion that in view of the clear law laid down by the Hon’ble Supreme Court in the case of Ganpati Dealcom Pvt. Ltd. [2022 (8) TMI 1047 - SUPREME COURT] such deliberations are not at all required, as the same would otherwise, cause prejudice to either of the parties. As in view of the undisputed fact that the transactions in question in these cases being of a period prior to 2016, the amendment of the Act made in the year 2016 would not be applicable and therefore, the impugned notices under Section 24 of the Act are not sustainable in law. Accordingly, the impugned notices are set aside and the writ petitions are allowed.
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