Archana vs Union Of India ...
2023 Latest Caselaw 6159 Raj

[2023:RJ-JD:26532] (1 of 5) [CW-2326/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2326/2022

1. Archana W/o Shri Rajkumar Singhal, Aged About 59 Years, Resident Of 99 Kalali Mohalla, Chhotisadri, District Pratapgarh (Rajasthan).

2. Sachin S/o Shri Rajkumar Singhal, Aged About 30 Years, Resident Of 99 Kalali Mohalla, Chhotisadri, District Pratapgarh (Rajasthan).

3. Sumit S/o Shri Rajkumar Singhal, Aged About 29 Years, Resident Of 99 Kalali Mohalla, Chhotisadri, District Pratapgarh (Rajasthan).

----Petitioners Versus

1. Union Of India, Through Its Joint Secretary (Co-Op) And Central Registrar, Room No. 244, Department Of Agriculture, Cooperative And Farmers Welfare, Ministry Of Agriculture And Farmers Welfare, Krishi Bhawan, New Delhi 110001.

2. Superintendent Of Police, SOG And ATS, Office Of The Special Operation Group, Rajasthan Police, Jaipur-Delhi National Highway, Jaipur Rajasthan.

3. Mr. Hs Patel (I.a.s. Retired), Liquidator, Adarsh Multi State Cooperative Society Ltd. Having Its Office At 14, Vidhiya Vihar Colony, In Front Of Fortune Hotel, Usamnpura, Aashram Road, Ahemdabad (Gujrat). Pincode 380013.

4. Adarsh Credit Cooperative Society Limited (Multi State), Through Its Managing Director/chief General Manager, Registered And Head Office, Second Floor, 14, Vidhya Vihar Colony, Ashram Road, Usmanpura Ahemdabad, (Gujrat).

                                                                   ----Respondents


For Petitioner(s)            :    Mr. Sumit Singhal
                                  Ms. Anju Gurjar
For Respondent(s)            :    Mr. Mukesh Rajpurohit, DSG





 [2023:RJ-JD:26532]                      (2 of 5)                          [CW-2326/2022]

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/08/2023

1. Learned counsel for the petitioners submits that the

petitioners had deposited their amount in the Adarsh Credit

Cooperative Society Limited and their claim for such amount ought

to be settled by the respondents on count of the fact that the

assets of the such society ought to be utilized for reimbursing the

lawful depositors.

2. Mr. Mukesh Rajpurohit, learned Deputy Solicitor General

appearing on behalf of the respondents submits that a coordinate

Bench at Jaipur Bench in the case of Dipesh Mishra & Ors.Vs.

Union of India & Ors. (S.B. Civil Writ Petition

No.21066/2019) decided on 11.07.2022 alongwith other

connected matters, has already dismissed the claim of the

depositors on count of the fact that an attachment order was

passed by the Directorate of Enforcement, Government of India

and, therefore, the complete assets of the society in question are

subject to that attachment of the properties of the society passed

under sub-Section (1) of Section 5 of the Prevention of Money

Laundering Act, 2002 (for short, "the PMLA"). He further submits

that unless the attachment is done away with any consequential

relief at this stage is not permissible to the present petitioners. It

is also informed by learned Deputy Solicitor General of India that

proper appeals are already pending for adjudication before the

appellate Tribunal and it shall be open for the depositors to join in

before the forum/appellate Tribunal in question, so as to agitate

their claim for reimbursement of their invested amount.

[2023:RJ-JD:26532] (3 of 5) [CW-2326/2022]

3. The operative portion of the order passed in Dipesh Mishra &

Ors.Vs. Union of India & Ors. (Supra) reads as follows:-

"I have heard the submissions made by learned counsel for the parties and perused the material available on record.

This Court finds that in the present bunch of petitions, the petitioners are feeling aggrieved against the letter as well as provisional attachment order which have been issued by the Authority.

This Court, finds that after filing of writ petitions, the Authorities have passed order, under Section 8 of the Act of 2002, and as such, the final attachment order has been issued.

This Court, finds that none of the petitioners have ever made any application in their petitions for amendment, 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, finds that the relief sought in the present writ petitions, cannot be granted by this Court as their final attachment orders are not under challenge.

This Court finds substance in the submissions of learned ASG-Mr. R.D. Rastogi that the relief 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.

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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 per law.

A copy of this order be separately placed in each petition."

4. This Court in the case of Dipesh Mishra & Ors. Vs. Union of

India & Ors. (Supra) has also held that it is not the correct remedy

at this stage to approach this Court in the writ jurisdiction, as

there is an appropriate remedy under the PLMA.

5. Upon such submissions having been made, this Court is

conscious of the fact that earlier orders were being passed for

making representation to the liquidator by the depositors for their

respective claims, but the turn of events and particularly, the

judgment of this Hon'ble Court as well as the proposition under

the PMLA, which includes attachment and the adjudication before

the appellate Tribunal, does not call for any interference at this

stage.

6. In view of the above, the present petition is disposed of with

liberty to the petitioners to take-up all their issues before the

appellate Tribunal under the PMLA and also make their claim

before the liquidator and such claim can be decided by the

appellate Tribunal and in consequence of the same the liquidator

may act strictly in accordance with law. Thereafter, if any cause of

[2023:RJ-JD:26532] (5 of 5) [CW-2326/2022]

action remains, the petitioners shall be at liberty to approach this

Court again.

7 All pending applications also stand disposed of.

8. The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 160-Vivek/-

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