The Government of India v. This Court made the following
Case at a glance
- Bench
- VILAS V AFZUL PURKAR
Provisions considered
Judgment
HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.19564 of 2010 ORDER: - Heard learned counsel for the petitioner, learned Standing Counsel appearing for the 2nd respondent as well as the learned Standing Counsel appearing for the 3rd respondent. Petitioner, who claims to be owner of 67,000 shares of M/s.Satyam Computer Services Limited, was holding D.P.Account No.IN-300450 maintained by I.D.B.I. Bank, Hyderabad Branch, Basheerbagh Square-3rd respondent herein. The present writ petition is filed questioning the freezing of said shares of the petitioner lying with the 3rd respondent bank without issuing any notice as arbitrary. Counter affidavit filed by the 2nd respondent discloses that after freezing of shares petitioner was given a notice; that the order of freezing the shares was confirmed; that subsequently there were further proceedings, wherein crime No.2 of 2009 was registered against various accused by the C.B.C.I.D. and charge sheet was filed, which is now taken cognizance of and registered as C.C.No.187 of 2009 before XIV Additional Chief Metropolitan Magistrate, Hyderabad; that the petitioner herein also figures as one of the accused as per the supplementary charge sheet; and that the 2nd respondent by virtue of powers under Section 5(1) of Prevention of Money Laundering Act, 2002 (for short, “P.M.L.Act”) passed the provisional order of attachment of shares of the petitioner, which are in question on 21.10.2010. The learned Standing Counsel for the 2nd respondent states that the adjudicating authority, thereafter, has confirmed the said attachment under Section 8 of the P.M.L.Act. These subsequent events coupled with the fact that after freezing the shares the petitioner was given notice and attachment was confirmed, show that the grievance of the writ petitioner does not survive any more for consideration. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs.
21.12.2011 _____________________________ VILAS V. AFZULPURKAR, J HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.19564 of 2010
21.12.2011
Precedent status how later indexed judgments have treated this case
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