01Facts
The petitioners challenged a notification dated 29 December 2023 issued under Section 3(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (“the Act”), insofar as it attached properties they had acquired from respondent No. 3 through sale and gift deeds.
¶ 1–2The properties were included in the notification on the allegation that respondent No. 3’s assets were proceeds derived from respondent No. 4, a financial establishment.
¶ 1–2The petitioners approached the High Court before the Competent Authority had applied to the Special Court under Section 5(2); an interim order had directed the respondents not to precipitate the matter.
¶ 3The petitioners feared that their possession would be disturbed if the writ petitions were disposed of.
¶ 702Issues
i.Whether the High Court should adjudicate the validity of the Section 3(2) attachment notification when the Competent Authority could seek confirmation of the attachment before the Special Court under Section 5(2).
¶ 3–6, 9ii.Whether the petitioners’ possession could be disturbed before the Special Court decided the Section 5(2) proceedings.
¶ 7–1003Law Applied
Section 3(2) of the Act provides for attachment by the State; under Section 3(4), the attached property vests in the Competent Authority, as noted by the Court.
¶ 8Section 5(2) provides for the Competent Authority to apply to the Special Court for an order making the attachment absolute, and affected persons may present their contentions in those proceedings.
¶ 3, 5The Court also relied on the co-ordinate Bench decision in W.P. No. 35914/2017, dated 15 November 2022, which it understood to support approaching the competent forum under the Act rather than seeking adjudication of the attachment in writ proceedings.
¶ 604Reasoning
The Court declined to determine the validity of the notification in the writ petitions because the Act provided for the Competent Authority to approach the Special Court, where the petitioners could contest the transactions through which they acquired the properties.
¶ 5, 9In view of the petitioners’ apprehension about possession, the Court recorded the submission that possession would not be disturbed until the competent court decided the Section 5(2) proceedings.
¶ 8–905Holding
The High Court disposed of all four writ petitions without deciding the merits of the petitioners’ challenge to the notification.
¶ 9–10It permitted the Competent Authority to approach the competent court under Section 5(2) within 30 days from receipt of the certified copy of the order, and allowed the petitioners to raise their contentions there.
¶ 9–10The petitioners’ possession was directed not to be disturbed until those proceedings were decided.
¶ 9–10Original Court PDF
YOUSUF K KvsSTATE OF KARNATAKA
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