Back
RAVINDRA MAITHANI
Gaurav Soni – Appellant
Versus
Directorate of Enforcement through its Director – Respondent
JUDGMENT :
(Ravindra Maithani, J.) :
By means of this petition, the petitioners seek the following reliefs:-
II. Direct the respondent no.2 to proceed with and expedite the proceedings under Section 8 of RERA with respect to Orchid Park in a time-bound manner.
III. Award the cost of the present writ petition to the petitioners.
IV. Pass a suitable writ, order or direction in favour of petitioners and against the respondents which the Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”
2. Heard learned counsel for the parties and perused the record.
3. The petitioners are buyer of flats under a project called “Orchid Park”. They booked the flats and paid the money, but they were not given the flats. The respondent no.3 i.e. Pushpanjali Realms and Infratech Ltd. (“the Developers”) is the developers of the flats. The petitioners filed a complaint before the Real Estate Regulatory Authority (“the RERA”) against the developers. These proceedings are pending. The respondent no.7, the Bank proceeded against the developers under the Securitisati
The central legal point established in the judgment is the need for the petitioners to approach the appropriate authorities or the Special Court under the Prevention of Money Laundering Act, 2002, re....
if the property is confiscated by the Central Government, such claimant with legitimate interest in the property or who may have suffered a quantifiable loss as a result of offence of money launderin....
The court emphasized the availability of an alternate efficacious remedy within the scope of the PMLA Act and upheld the decision to relegate the Appellant/Bank to the Adjudicating Authority.
Judicial review mandates hearing all parties with interests in property before confirming attachment orders under PMLA.
Once an order under Section 8(3) of the Prevention of Money Laundering Act is challenged before a higher forum, encumbrance entries cannot continue reflecting the original attachment which no longer ....
The court affirmed that the enforcement agency's attachment orders were invalid due to failure to notify the new owner and established that registration of a sale certificate is unnecessary for prope....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
