Disposed

M/S. Aatish Dani Investment Services Pvt. Ltd. v. the State of Maharashtra and 2 Ors.

Bombay HC8 Feb 2007WP/336/2007

Case brief

AI extract

What is this about?

Bench disposed two writ petitions at admission stage. Court held petitions need not be admitted as Recovery Officer must hear objections first before attaching properties potentially linked to Expotrade. Petitioners can approach under MLR Code if attachment proceeds.

What did the court decide?

Petitions disposed without admission; Recovery Officer directed to hear objections before proceeding with recovery.

M/S. Aatish Dani Investment Services Pvt. Ltd. Vs the State… — Money Laundering | Bombay HC (2007)

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IN THE COURT OF JUDICATURE AT BOMBAY

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ORIGINAL SIDE JURISDICTION

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WRIT PETITION (L) NO. 242 OF 2007

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M/s.Aatish Dani Investment Services...Petitioners
vs.
The State of Maharashtra and Ors....Respondents

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WRIT PETITION (L) NO. 243 OF 2007

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Ritesh Narottamdas Dani and Ors....Petitioners
vs.
The State of Maharashtra and Ors....Respondents

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Ms.N.P.Karnik for the petitioners.

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Mr.Pradeep Jadhav, AGP for respondent nos.1 and 2.

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CORAM: J.N.PATEL, J. And

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S.C.DHARMADHIKARI, J.
DATE ; 8TH FEBRUARY, 2007.

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P.C :-

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1.Mentioned. Not on Board.

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2. The Learned Counsel for the petitioner to get
the petition registered.

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3. Both these petitions can be disposed off at the
stage of admission itself as it involves a common
issue as to whether the properties which are
purported to be attached by the respondent is the
exclusive property of the petitioner having no nexus
with M/s.Expotrade against whom the Recovery
Certificate is issued. The learned Counsel for the
petitioner, submits that, petitioners have filed
their objections to the purported recovery. The

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:2:

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Learned AGP states that the Recovery Officer would
hear the petitioners on their objections and take a
decision and thereafter proceed with the recovery
proceedings. In case the Recovery Officer comes to
the conclusion that the property can be attached and
disposed off against the Recovery Certificate, the
petitioner can very well resort to alternate remedy
available to them under the MLR Code. Petition
stands disposed off accordingly.

M/S. Aatish Dani Investment Services Pvt. Ltd. v. the State of Maharashtra and 2 Ors.

Case brief

What is this about?

What did the court decide?

M/S. Aatish Dani Investment Services Pvt. Ltd. v. the State of Maharashtra and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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