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2022 (7) TMI 1437

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..... t, and as such, this Court has to consider as whether these writ petitions can be heard by this Court in view of final attachment orders, which have already been passed by the Authorities on 31.03.2020. This Court further finds that during pendency of the writ petitions, if the final attachment order has been issued and the petitioners feel aggrieved against such order, then they are required to take necessary remedy to assail the same orders under the law. This Court, accordingly, dismiss these writ petitions with liberty to the petitioners to take appropriate legal remedy for challenging the subsequent orders, which have been passed by the Authority, wherein final attachment orders have been passed - The issue of locus and jurisdict .....

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..... a, Vijay Kumar Dadoo, Rachna Dadoo, Prabha Dadoo, Deepak Shah, Sanjay Gupta, Suman Gupta, Alpana Gupta, Alco Enamelled Wireb Wire Mfg Co Pvt Ltd, Deepak Kumar Neotia, Minu Jain, Vinita Goyal, Sarla Devi Mittal, Mangi Ram Mittal , Nisha Agarwal , Rakesh Kothari, Amit Arora, Ramesh Khandelwal, Rajesh Kumar Sharma, Anurag Gaur, Gajender Singh, Tarun Kumar Taunk , Arun Kumar Godika, Rajendra Kumar Sureka, Mamta Dangayach, Ashok Kumar Badaya, Mukesh Kumar Badaya, Priyanka Patni, Deepak Bhutani, Neetu Seth, Pradeep Kumar Agarwal, Bhawani Shankar Sharma, Ranita Gangwal, Pooja Shah, Hamesh Bhagchand Seth, Deepika Jain, Satya Narayan Dangayach, Amit Shah, Alka Bhargava, Raja Ram Singh, Deepika Jain, Versus Union Of India, The Deputy Director, Direct .....

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..... taching the property of the petitioner. Learned Additional Solicitor General of India-Mr. R.D. Rastogi, appearing for the respondent, submitted that the present writ petitions filed before this Court are not maintainable and there is concealment of important fact before this Court as petitioners have not disclosed in the present petitions that the provisional attachment order passed against the petitioners, was confirmed by Adjudicating Authority vide order dated 31.03.2020. Learned Additional Solicitor General submitted that all the petitions, except S.B. Civil Writ Petition No.7499/2020, were filed in November, 2019 December, 2019 and none of the petitioners had informed this Court that provisional attachment order under Section 5 .....

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..... 26 of the Constitution of India, is required to consider these matters. Learned Additional Solicitor General submitted that the issue of jurisdiction and locus, if has been raised before the Appellate Forum, it would be the Appellate Forum, which will decide the issue after hearing both the sides and this Court only on the ground of raising their objections before the Appellate Authority, may not entertain the writ petition. Learned counsel-Ms. Mudita Sharma appearing for the petitioner in S.B. Civil Writ Petition No.7499/2020, submitted that the remedy provided to the aggrieved person, is by way of appeal before the Appellate Forum and to consider the grievance of the petitioner in respect of final attachment order, but same is not i .....

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..... ief which has been sought in these writ petitions cannot be granted to the petitioners. This Court further finds that during pendency of the writ petitions, if the final attachment order has been issued and the petitioners feel aggrieved against such order, then they are required to take necessary remedy to assail the same orders under the law. This Court, accordingly, dismiss these writ petitions with liberty to the petitioners to take appropriate legal remedy for challenging the subsequent orders, which have been passed by the Authority, wherein final attachment orders have been passed. The issue of locus and jurisdiction raised by the respondents before the Appellate Forum, can always be decided after hearing both the parties as .....

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