9911796707
TMI Blog2024 (8) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... edings have approached this Court seeking an appropriate writ, direction and/or order in view of the various authorities on one hand directing the Petitioner Bank to keep the account frozen of a particular customer and on the other hand, the Respondent No.3 had directed the Petitioner Bank to make a demand draft of the frozen amount along with the interest accrued thereon in favour of the Joint Director, Enforcement Directorate, payable at Guwahati and hand over the same within five days from the date of receipt of the letter. 3. For appreciating the dispute involved, it is relevant to take note of that the Petitioner Bank maintains an account of a company in the name and style of "M/s Analytic Business Ventures Private Limited". The Cyber ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Respondent No.3 dated 12.04.2024 whereby it was informed to the Petitioner Bank that the Adjudicating Authority, New Delhi had passed an order on the 02.08.2023 under section 8 (3) of the Act of 2002. It was also mentioned that the balance amount lying in the said account were frozen by the Directorate which was later on confirmed by the Adjudicating Authority, New Delhi. Under such circumstances, the Manager of the Petitioner Bank was directed to make a Demand Draft of the frozen amount along with interest accrued thereon favouring the Joint Director, Enforcement Directorate payable at Guwahati and hand over to the Directorate within 5 (five) days from the date of receipt of the said letter. 5. The Petitioner upon receiving the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been empowered to confirm a provisional attachment made in terms with Section 5 of the Act of 2002. It is also seen from a perusal of Section 8 (3) and 8 (4) of the Act of 2002 that after an order is passed by the Adjudicating Authority and the provisional order of attachment is confirmed, the Director or any other Officer authorized by him shall forthwith take possession of the property attached under Section 5 or frozen under Sub-Section 1 (A) of Section 17 of the Act of 2002 in such manner as may be prescribed. 8. In that view of the matter, as the Respondent Nos. 1 and 2 had expressed their no objection in transferring the amount lying in the account in question and the statutory mandate contained in Section 8 (4) of the Act of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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