Auto Start Motors Pvt. Ltd. v. Union Of India Through The Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITION NO.4021 OF 2015 Auto Start Motors Pvt.Ltd ...

.. Petitioner vs Union of India & ors .. Respondents Mr.Sujay Kantawalla with Mr.Brijesh Pathak Advocates for the Petitioner Mrs.Aruna Pai Advocate for Respondent no.2 Mr.Manish D.Tiwari Advocate for Respondent no.3 CORAM: S.C.DHARMADHIKARI & G.S.KULKARNI, JJ DATED 15 th JUNE, 2015 P.C.

1. This writ petition under Article 226 of the Constitution of India complains that the petitioner's current account with the 3rd respondent has been freezed and there is no indication of the investigation concluding or a show cause notice being issued therefore such action causes tremendous loss and prejudice to the petitioner. 2.

The only relief that can be granted on such a petition is to ensure that the authorities set the law in motion expeditiously. The

Rng 2 contesting respondent no.2 is represented by Mrs.Aruna Pai. On instructions, she states that the show cause notice will be issued latest by 31st July 2015. We accept her statement made on instructions as an undertaking to this Court.

3.

In so far as the attachment/freezing of the account is concerned, it will be open for the petitioner to approach an appropriate forum and seek such reliefs as are permissible in law. We are not inclined to go into the disputed questions of fact. We have ensured that the law will be set in motion. Then there is no need to keep this writ petition pending when we clarify that we express no opinion on merits of the controversy and dispose of the petition. The writ petition is accordingly disposed off. No costs.

G.S.KULKARNI, J.

S.C.DHARMADHIKARI, J.

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