Rajasthan High Court - Jodhpur
Chandra Prakash Mathur vs The Union Of India ... on 3 October, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:32212]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15046/2023
Chandra Prakash Mathur S/o Shri K M Lal Mathur, Aged About 68
Years, Resident Of Pal Road, 900/751, Dharam Khante Ke Pass,
Jodhpur
----Petitioner
Versus
1. The 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 Antoyadaya Bhawan, Cgo Complex Lodi Road,
New Delhi - 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.
----Respondents
For Petitioner(s) : Mr. Darshan Jain
For Respondent(s) : Mr. Mukesh Rajpurohit, Dy. S.G.
assisted by Mr. Prakash Raika.
Mr. Sudhir Tak, AAG assisted by Mr.
Navneet Singh.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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[2023:RJ-JD:32212] (2 of 3) [CW-15046/2023]
Order
03/10/2023
1. Learned counsel for the parties are in agreement that the
controversy involved in the present case is squarely covered by
the decision rendered by this Court in Kanta Sharma & Ors. Vs.
Union of India & Ors. (S.B. Civil Writ Petition
No.9062/2022) on 06.07.2023, the relevant portion of which,
reads as follows:
"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 stage.
7. 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 action remains, the petitioners shall be at
liberty to approach this Court again.
8 All pending applications also stand disposed of."
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[2023:RJ-JD:32212] (3 of 3) [CW-15046/2023]
2. For the self same reasons, the present writ petition is
disposed of in terms of the order passed in the case of Kanta
Sharma (Supra). All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
124-sudheer/-
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