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2015 (12) TMI 1336 - BOMBAY HIGH COURT

2015 (12) TMI 1336 - BOMBAY HIGH COURT - TMI - Maintainability of writ petition - Alternate remedy - Issue of notice under Prevention of Money Laundering Act, 2002 (PMLA) - Held that:- There is substance in the preliminary objection raised by Mr Bharadwaj and since Mr Sathe has fairly accepted the position that the alternate remedy is efficacious and complete, we dispose of this Writ Petition on the ground that the Petitioner has an alternate and equally efficacious remedy to challenge the notic .....

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tioners or their successor is in possession of the subject immovable property, then, they may not be dis-possessed therefrom for a period of two months - Appeal disposed of. - Writ Petition No. 898 of 2014 - Dated:- 21-11-2015 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. For the Appellant : Mr. Milind Sathe, Senior Counsel a/w Ms Jyoti Sinha i/b Nagandhi Shah and Himayatullah For the Respondent : Mr. M S Bharadwaj ORDER P. C. The Petitioner is aggrieved by the notice at page 173 which is ter .....

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2011. Now, the Petitioner is informed that in pursuance of sub section 4 of Section 8 of the PMLA Act (Act 15 of 2003), the Deputy Directorate of Enforcement, Foreign Exchange Management Act and PMLA Act, Ministry of Finance Department of Revenue, Government of India, will take possession of the said flat. This is a notice dated 21st January, 2014 duly served and received by the original Petitioner. 2. It is fairly stated by Mr Sathe, learned Senior Counsel appearing on behalf of the Petitioner .....

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aised a preliminary objection to the maintainability of the Petition on the ground that the above remedy available is efficacious and complete, Mr Sathe further states on instructions, that the Petitioner will approach this Appellate Authority and pursue their interim application as also the main Appeal. However, the possession of the premises/flat is still with the Petitioner and that may be protected for a reasonable time. 4. Further the Appellate Authority may be requested to consider the Pet .....

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