← Library
Bombay High CourtWP/1469/2021disposed off

Gaurav Agarwal v. The Union Of India And 3 ORS.

2022-04-12Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Vinay Joshi2 pages

64.WPNo.14692021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1469 OF 2021 Gaurav Agarwal ...

Petitioner

Versus

The Union of India & Ors.

...

Respondents Mr. Bharat Raichandani i/b. UBR Legal, Advocate for the Petitioner.

Mr. J. B. Mishra a/w. Mr. D. B. Deshmukh & Ms. Sangeeta Yadav, Advocate for the Respondents.

CORAM:

S.V. GANGAPURWALA & VINAY JOSHI, JJ.

DATED :

APRIL 12, 2022 P.C.

1.

Heard Mr. Raichandani, learned Advocate for the petitioner and Mr. Mishra, learned Advocate for the respondents.

2.

The petitioner is seeking directions against the respondent No.2 to implement the order dated 30th March 2017 passed by this Court in Writ Petition No. 1662 of 2016.

3.

There is no dispute that the respondents had attached the property of the petitioner. This Court under order dated 30th March 2017 in Writ Petition No. 1662 of 2016 has set aside the attachment. In view of that, the attachment does not subsists.

Gaikwad RD 1/2

64.WPNo.14692021.doc 4.

No further steps are required to be taken by the respondents for implementing the order of this Court. The order of this Court dated 30th March 2017 in Writ Petition No. 1662 of 2016 itself is explanatory and self-operative. The attachment in question under panchanama dated 26/02/2016 is also set aside. The petitioner is at liberty to deal with the said property that was attached under the panchanama dated 26/02/2016 in view of the judgment of this Court dated 30th March 2016 in Writ Petition No. 1662 of 2016. In case, the respondents obtain the appropriate orders from the Competent Court/Forum, then the parties would be bound by the orders passed by the Competent Court/Forum. Till then, the subject property in question will be deemed to be not under attachment.

5.

With these observations, the writ petition is disposed of. No costs.

(VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.04.13 17:35:39 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2