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Calcutta High CourtWPA/19522/2024disposed

Ganesh Dam v. Union Of India And ORS.

2025-07-14Hon'Ble Justice Amrita Sinha2 pages

D/L 21,23-24 14.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 19383 of 2024 Arati Dam & Anr.

Vs.

Union of India & Ors.

Mr. Jayanta Samanta Ms. Karunamoyee Samanta Mr. Rajdeep Adhikari ...for the Petitioners.

Mr. Arijit Chakraborti Mr. Debsoumya Basak ...for the ED.

With WPA 19522 of 2024 Ganesh Dam Vs.

Union of India & Ors.

Mr. Jayanta Samanta Ms. Karunamoyee Samanta Mr. Rajdeep Adhikari ...for the Petitioner.

Mr. Arijit Chakraborti Mr. Debsoumya Basak ...for the ED.

With WPA 19531 of 2024 Sun Heaven Agro India Ltd. & Anr.

Vs.

Union of India & Ors.

Mr. Jayanta Samanta Ms. Karunamoyee Samanta Mr. Rajdeep Adhikari ...for the Petitioner.

Mr. Arijit Chakraborti Mr. Debsoumya Basak ...for the ED.

Ms. Akansha Yadav ...For the SEBI.

Mr. Kumaresh Dalal ...for the Union of India.

1. Affidavits of service in connection with all the three writ petitions filed in Court today are taken on record.

2. The aforesaid writ petitions arise out of proceeding initiated under the PMLA Act, 2002.

3. It appears that interim order was passed for attachment of certain properties which subsequently stood confirmed. The issue is currently pending before the Special Court taking up these matters.

4. According to the petitioners, the properties of the Directors ought not to have been attached because the Company had already repaid the entire loan amount.

5. According to ED, all the subject properties are result of the proceeds of crime.

6. Upon hearing the parties, it appears that, it will not be proper for the Writ Court either to entertain or adjudicate the issue which is currently pending consideration before the competent forum.

7. In view of the above the writ petitions are disposed of by observing that it will be open for the petitioners to approach the competent forum and agitate all the issues therein for relief, if so advised.

8. Since the writ petitions are disposed of without calling for any affidavits, the allegations made therein are deemed not to have been admitted by the respondents.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)