Aleyamma Biju John v. State Of NCT Of Delhi & ORS.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8150/2023 & CM APPL. 730/2024 ALEYAMMA BIJU JOHN ..... Petitioner Through:

Mr. Akash Jandial, Advocate versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Anupam Srivastava, ASC with Mr. Vasuh Misra, Advocates for R-1 and 2.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 01.05.2024 1.

The Petitioner has approached this Court with the following prayers:- "In the circumstances aforesaid, petitioner prays for issuance of appropriate writ in the nature of mandamus or any other writ, direction or order in favour of petitioner and against the respondent No. 2authority thereby ordering to initiate proceedings against the Respondents No.3& 4 under section 4 of the Delhi Protection of Interests of Depositors (In Financial Establishments) Act, 2001 and section 12 of the Banning of Unregulated Schemes 2019 for referring the matter at designated Courts for passing of directions for release of Petitioner's money deposited with Respondents No. 3 & 4 in accordance with law. Pass any such other writ(s), order(s) or direction(s) considered just fit, proper and expedient in the facts and circumstances of the case"

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2.

Paragraph 12 of the writ petition reads as under:- "12. That the Petitioner had attached the copies of above said two legislations along with her application for clarity, however, despite of several requests, Respondent No. 2 authority refused to accept the said application of the Petitioner and was returned to her without stating any reasons. The application was then handed over to the R &I Branch, Distt. South West, New Delhi, received by them on 12th May 2023." 3.

Mr. Anupam Srivastava, learned ASC for GNCTD, on instructions, states that the application of the Petitioner has not been returned and the competent authority is taking steps in accordance with the provisions of the Act. He states that efforts are being taken to trace the persons and the matter will be taken up under the Delhi Protection of Interests of Depositors (In Financial Establishments) Act and Banning of Unregulated Schemes, 2019. The statement is taken on record.

4.

This Court is not inclined to proceed further with the writ petition as the Competent Authority under the Act is in seisin of the case. The Competent Authority is directed to proceed in accordance with law as expeditiously as possible.

5.

The petition is disposed of along with pending application(s), if any. 6.

It is made clear that this Court has not made any observation on the merits of the case.

SUBRAMONIUM PRASAD, J MAY 1, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 11:19:06