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2023 Supreme(Guj) 255

BIREN VAISHNAV
Welspun Steel Resources Private Limited – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mihir Joshi with Mr. Jay Kansara and Ms Alisha Mehta, Advs. for M/s Wadiaghandy and Co.
For the Respondents: Mr. Saurabh Soparkar with Mr. Monaal J. Davawala, Mr. Devang Vyas, ASG with Mr. Parth H Bhatt.

JUDGMENT :

1. The prayers in this petition read as under:

    “a) Issue a Writ of Certiorari and/or a Writ in the nature of Certiorari and/or any other appropriate Writ/order inter alia quashing and setting aside the Provisional Attachment Order No. 8 of 2022 dated 21st September 2022 passed by Respondent No. 1 to the extent it attaches the Specified Assets that have been sold to the Petitioners;

    b) Issue a Writ of Mandamus and/or a Writ in the nature of Mandamus and/or any other appropriate Writ/order inter alia to declare and order that the right, title and interest of the Petitioners to the Specified Assets sold to the Petitioners will not be affected in any manner by any action taken/to be taken by Respondent No. 1 under the provisions of the Prevention of Money Laundering Act against the Corporate Debtor or the Corporate Debtor’s promoters;”

2. Facts in brief are as under:

2.1 The petitioners namely (I) Welspun Steel Resources Private Limited (II) Welspun Corp Limited (III) Rank Real Estate and Infra Developers Private Limited and (IV) Mauyaan Shipyard Private Limited have approached this court challenging the provisional attachment order no. 8/22 dated 21.09.2022. ABG Shipyard Li

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