SHAKUNTALA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been preferred claiming the following reliefs:-

(2.) Learned counsel for the petitioner submits that the petitioner had deposited her amount in the Adarsh Credit Cooperative Society Limited and her claim for such amount ought to be settled by the respondents on count of the fact that the assets of the such society ought to be utilized for reimbursing the lawful depositors.

(3.) Mr. R.D. Rastogi, learned Senior Counsel and Additional Solicitor General of India assisted by Mr. Mukesh Rajpurohit, learned Deputy Solicitor General and Mr. B.P. Bohra appearing on behalf of the respondents submits that a coordinate Bench at Jaipur Bench in the case of Dipesh Mishra and Ors. v. Union of India and Ors. (S.B. Civil Writ Petition No.21066/2019) decided on 11/7/2022 alongwith other connected matters, has already dismissed the claim of the depositors on count of the fact that an attachment order was passed by the Directorate of Enforcement, Government of India and, therefore, the complete assets of the society in question are subject to that attachment of the properties of the society passed under sub-Sec. (1) of Sec. 5 of the Prevention of Money Laundering Act, 2002 (for short, "the PMLA"). They further submits that unless the attachment is done away with any consequential relief at this stage is not permissible to the present petitioner. It is also informed by learned Senior Counsel and Additional Solicitor General of India that proper appeals are already pending for adjudication before the appellate Tribunal and it shall be open for the depositors to join in before the forum/appellate Tribunal in question, so as to agitate their claim for reimbursement of their invested amount.