Rajasthan High Court - Jodhpur

Praveen Bhardwaj vs Union Of India ... on 28 August, 2023

Bench: Pushpendra Singh Bhati

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9599/2022

1. Praveen Bhardwaj S/o Ramraj Katta, Aged About 39 Years, Shankar Bhawan Jata Ka Nukkar, Near Sunaro Ka Bass Sojati Gate, Jodhpur, Rajasthan

2. Preeti Soni W/o Praveen Bhardwaj, Aged About 37 Years, R/o Shankar Bhawan Jata Bass Ka Nukkar, Near Sunaro Ka Bass Sojati Gate, Jodhpur, Rajasthan

3. Garima Soni D/o Praveen Bhardwaj, Aged About 11 Years, R/o Shankar Bhawan Jata Bass Ka Nukkar, Near Sunaro Ka Bass Sojati Gate, Jodhpur, Rajasthan Throug Guardian (Father) Praveen Bhardwaj

4. Radha Devi Soni W/o Murli Ram Soni, Aged About 88 Years, R/o Shankar Bhawan Jata Bass Ka Nukkar, Near Sunaro Ka Bass Sojati Gate, Jodhpur, Rajasthan

5. Ramraj Katta S/o Murli Ram Soni, Aged About 62 Years, R/o Shankar Bhawan Jata Bass Ka Nukkar, Near Sunaro Ka Bass Sojati Gate, Jodhpur, Rajasthan

6. Vidhya Devi Soni W/o Ramraj Soni, Aged About 57 Years, R/o Shankar Bhawan Jata Bass Ka Nukkar, Near Sunaro Ka Bass Sojati Gate, Jodhpur, Rajasthan

7. Monika Soni D/o Ramraj Soni, Aged About 35 Years, R/o Shankar Bhawan Jata Bass Ka Nukkar, Near Sunaro Ka Bass Sojati Gate, Jodhpur, Rajasthan,

8. Saraswati Soni W/o Dr. Ram Babu Soni, Aged About 69 Years, R/o- 1641, Narssing Bhawan, Opposite Amer Jain Hospital, Chaura Rasta, Jaipur, Presently Residing C-92 2Nd Extension Kamla Nehru Nagar, Near Post Office Jodhpur, Rajasthan

9. Ram Babu Soni S/o Narsingh Lal Soni, Aged About 76 Years, R/o- 1641, Narssing Bhawan, Opposite Amer Jain Hospital, Chaura Rasta, Jaipur, Presently Residing C-92 2Nd Extension Kamla Nehru Nagar, Near Post Office Jodhpur, Rajasthan

10. Renuka Barmera D/o Sunder Lal Soni W/o Rakesh Kumar Barmera, Aged About 47 Years, R/o Plot No.29 Mahadev Nagar O/s 3Rd Pole, Mahamandir, Jodhpur, Rajasthan

11. Pramila Soni W/o Rajendra Soni, Aged About 42 Years, R/o Sunaro Ka Bass Pipli Gali Corner Shahpura, Jodhpur, Rajasthan

12. Gayatri Soni D/o Murli Ram Soni W/o Dev Krishna Soni, Aged About 62 Years, R/o 6B, Shanti Nath Nagar, Near Paliwal Samaj Bhawan, Near Pratap Nagar Toll Naka, Jodhpur, Rajasthan

13. Viresh Soni S/o Dev Krishan Soni, Aged About 34 Years, R/o R/o 6B, Shanti Nath Nagar, Near Paliwal Samaj Bhawan, Opp. Pratap Nagar Royal Naka, Jodhpur, Rajasthan

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14. Namrata Soni D/o Rajeev Soni W/o Viresh Soni, Aged About 29 Years, R/o R/o 6B, Shanti Nath Nagar, Near Paliwal Samaj Bhawan, Opp. Pratap Nagar Royalty Naka, Jodhpur, Rajasthan

15. Sharda Soni D/o Murli Ram Soni, Aged About 59 Years, R/o R/o 31 A Tulsi- Ram, Ajit Colony Jodhpur, Rajasthan

16. Anita Mandora D/o Murli Ram Soni W/o Devendra Mandora, Aged About 53 Years, R/o Kayalana Road Kailash-Shanker 30-A Shanti Nath Nagar, Jodhpur, Rajasthan

17. Shanu Soni D/o Devendra Mandora W/o Chandresh Soni, Aged About 33 Years, R/o Airforce Road Indira Colony Behind Sati Mata Mandir, Jodhpur, Rajasthan

18. Purva Katta D/o Devendra Mandora W/o Divyanshu Katta, Aged About 28 Years, R/o 57-B, Street Subhash Chowk, Ratanada, Sindhi Dharmshala, Jodhpur, Rajasthan

19. Pushpa Devi D/o Narayan Das Soni W/o Dharmnarayan Soni, Aged About 76 Years, R/o 29, Mahadev Nagar, Mahamandir Jodhpur, Rajasthan

20. Sourabh Gulecha S/o Dasrath Mal Gulecha, Aged About 40 Years, R/o39 Paota C Road Matki Choraha, Mahadev Nagar, Jodhpur, Rajasthan

21. Prerana Soni D/o Hari Prakash Soni, Aged About 31 Years, R/o Kala Mandir I/s Jalori Gate, Near Balwari School, Jodhpur, Rajasthan

22. Deo Raj Soni S/o Nenu Ram Soni, Aged About 73 Years, R/o C-18 First Vistar Kamla Nehru Nagar, Jodhpur, Rajasthan

23. Shanti Soni D/o Murli Ram Soni W/o Dr. Deo Raj Soni, Aged About 65 Years, R/o C-18 First Vistar Kamla Nehru Nagar, Jodhpur, Rajasthan

24. Meetu Soni D/o Devraj Soni W/o Rajesh Soni, Aged About 47 Years, R/o Sunaro Ka Bass Pipli Gali Corner Shahpura, Jodhpur, Rajasthan

25. Amit Soni S/o Deo Raj Soni, Aged About 43 Years, R/o C-

18 Kamla Nehru Nagar, Near E S I Hospital, Jodhpur, Rajasthan

26. Aarti Soni D/o Ugamraj Soni W/o Amit Soni, Aged About 39 Years, R/o C-18 Kamla Nehru Nagar, Near Esi Hospital Jodhpur, Rajasthan

27. Priya Soni W/o Amit Soni, Aged About 35 Years, R/o Sunaro Ki Bagechi Jnu Vidhyalay, Ratanada, Jodhpur, Rajasthan

28. Anita Bhandari D/o Mohanlal Bhansali W/o Mahaveer Bhandari, Aged About 57 Years, R/o Plot No. 103 Flat No. 7 Manohar Shree Apartments Shri Purshottam Marg, Hari Om Nagar, Jodhpur, Rajasthan

29. Anshul Katta S/o Devendra Katta, Aged About 27 Years,

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R/o 57 B Sindhi Dharmshala Street Subhash Chowk, Ratanada, Jodhpur, Rajasthan

30. Sweety W/o Deepak Kumar Mehta, Aged About 41 Years, R/o S4 Vinoth Viswas Apts No 18 1St Main Road Thiruvengada Nagar Ambattur, Tamil Nadu

31. Usha Rani Lodha W/o Surendra Raj Jain, Aged About 54 Years, R/o 7 Matara Shree Sidhi Vinayak Vihar Pal Ship Gram Pal Road, Jodhpur, Rajasthan,

32. Ram Prasadi D/o Late Ramjeevan Soni, Aged About 78 Years, R/o Bhrampuri, Pepaliya Ka Mohalla Jodhpur, Rajasthan

33. Raisa Bano W/o Faruq Mohmmad, Aged About 54 Years, R/o 169, Choupasani Road Rajiv Gandhi Colony Chandna Bhakhar, Jodhpur, Rajasthan

34. Rajeev Sahdev S/o Gyan Chand Sahdev, Aged About 43 Years, R/o 5-C Opp. Pratap Nagar Chungi Naka, Shanti Nath Nagar, Jodhpur, Rajasthan

35. Kumkum Sahdev W/o Ghayan Chand Sahdev, Aged About 77 Years, R/o 5-C Shanty Nath Nagar, Opp.royalty Naka, Pratap Nagar, Jodhpur, Rajasthan

36. Prakash Chandra Sharma S/o Late Mohan Lal Sharma, Aged About 74 Years, R/o Bhagat Ki Koti Gande Naale Ke Pass Jodhpur Rajasthan

----Petitioners Versus

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

2. Serious Fraud Investigation Office, Through Deputy Director And Investigation Officer, Ministry Of Cooperate Affairs, Government Of India, Second Floor, Pandit Deendayal, Antyodaya Bhawan, Cgo Complex Lodi Road, New Dehli-110001.

3. Superintendent Of Police, Sog And Ats, Office Of The Special Operation Group Rajasthan Police, Jaipur-Delhi National Highway, Jaipur Rajasthan.

4. The Registrar, Rajasthan Co-Operative Societies, Nehru Sahakar Bhawan, C-Scheme Road, Jaipur Rajasthan.

5. Aadarsh Credit Cooperative Society Limited (Multi-State), Through Its Managing Director/regional Manager, Regional Office, Palace Road, Sirohi, Rajasthan.

6. Aadarsh Credit Cooperative Society Limited (Multi-State), Through Its Managing Director, Registered Office, Second Floor, 14, Vidhya Vihar Colony, Ashram Road, Usmanpura, Ahmedabad, Gujrat Pin Code 380013.

7. Adarsh Credit Cooperative Society Limited (Multi-State),

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Through Mr. H.s. Patel Ias, Retd. Liquidator, Second Floor, 14, Vidhya Vihar Colony, Ashram Road, Usmanpura, Ahmedabad, Gujrat Pin Code 380013.

----Respondents

For Petitioner(s) : Mr. Shivang Soni. For Respondent(s) : Mr. Sudhir Tak, AAG assisted by Mr. Navneet Singh.

Mr. Mukesh Rajpurohit, Dy. S.G.

assisted by Mr. Prakash Raika.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

28/08/2023

1. The present writ petition has been preferred claiming the

following reliefs:-

"(i) The respondent through its Central Registrar of the Multi State Cooperative Societies may kindly be directed to take appropriate steps and action for making the protection and safe guard to legitimate rights of the members of the respondent Society.

(ii) That the Respondent Central Registrar New Dehli may kindly be directed for appointing the administrator till the reconstitution of the new Board of Adarsh Credit Co-operative Society Limited.

(iii) That the Respondent Central Registrar New Dehli may kindly be directed for appointing the ad-hoc committee till the reconstitution of the new Board of Adarsh Credit Co-operative Society Limited. It may kindly be further directed that new Board of Directors be constituted within prescribed period for the respondent- Adarsh Credit Co-operative Society Limited.

(iv) That respondent Central Government may kindly be directed for taking the appropriate steps whereby the petitioners can be repaid their deposits those have invested their money in the respondents society.

(v) That Central Registrar is being a competent authority of the society be directed for initiating the immediate process for appointing to administrator/ad- hoc committee so that due recovery of loan from the loanees/defaulter loanees can be made positively."

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2. 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.

3. Mr. Sudhir Tak, learned Additional Advocate General assisted

by Mr. Navneet Singh Birkh and Mr. Mukesh Rajpurohit, Deputy

Solicitor General assisted by Mr. Prakash Raika submit 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"). They 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 Senior Counsel &

Additional 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

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forum/appellate Tribunal in question, so as to agitate their claim

for reimbursement of their invested amount.

4. 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

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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 per law.

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

5. 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 Section 26 of the PLMA.

6. 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