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2013 Supreme(Guj) 535

ANANT S.DAVE
Alive Hospitality and Food Private Limited – Appellant
Versus
Union of India – Respondent


Judgment

Anant S. Dave, J.

1. With the consent of learned counsel for the parties, both these petitions are taken up for final disposal and decided by common judgment as the issues involved in these petitions are almost common barring a few contentions. The petitioners in both these petitions challenge provisional attachment orders No. 2/2012 dated 15.03.2012 passed by the competent authority and orders dated 10.07.2012 of adjudicating authority confirming provisional attachment ordered by the competent authority. Further, original complaint No. 133/2012 is also common in both these petitions, broadly, issue is with regard to subject properties in the context of definition of "proceeds of crime" vis-à-vis jurisdiction of the competent and adjudicating authorities under provisions of Sections 5 and 8 of the Prevention of Money Laundering Act, 2002 as amended in 2009 [for short, 'the PML Act'].

2. The petitioner of Special Civil Application No. 4171 of 2012 has filed this petition under Article 226 of the Constitution of India with the following prayers:--

"[A] This Hon'ble Court be pleased to issue a writ of or in the nature of mandamus or a. writ of or in the nature of certiorari or an
























































































































































































































































































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