Case Law Details
Mono Steel (India) Ltd Vs State of Gujarat (Gujarat High Court)
The plain reading of the order passed by a Coordinate Bench of this Court dated 17th January, 2019 would indicate that the attachment of the bank accounts was ordered to be released subject to the writ applicant maintaining an amount of Rs.4 Crore in its Account No.117013011046 with the Dena Bank, Ahmedabad. It has been almost one year since the order came to be passed by the Coordinate Bench, granting interim relief in favour of the writ applicant. Even, otherwise, the life of an order of provisional attachment under Section 83 of the Act is one year. This period of one year has already come to an end on 27th December, 2019. No fresh order of any provisional attachment of the bank accounts has been passed, more particularly, in view of the interim order passed by the Coordinate Bench dated 17th January, 2019, referred to above.
Manifold contentions have been raised by Mr. Paresh M. Dave, the learned counsel appearing for the writ applicant while challenging the action on the part of the respondents in passing the order of provisional attachment of the two bank accounts. In fact, there are many larger issues involved in this matter and have been resolved in the decision of this Court in the case of Valerius Industries vs. Union of India, Special Civil Application No.13132 of 2019, decided on 28.8.2019. Keeping in mind the time period that has elapsed, the interim order passed by the Coordinate Bench and the fact that the life of the order of the provisional attachment has come to an end,it will be an exercise in futility now to adjudicate this writ application on merits. We would like to dispose of this writ application balancing the equities. In other words, while granting appropriate relief to the writ applicant, we would also ensure that the interest of the State is protected.
It is not even necessary now to quash the impugned order of the provisional attachment passed under Section 83 of the Act as the validity period has come to an end.
We dispose of this writ application with a direction that the writ applicant shall maintain, at all time, a stock worth
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