1 cri-wp-328-329-558-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 328 OF 2011 Shri Sahil Dilip Shah and ors. .. Petitioners Vs. The State of Maharashtra and ors. .. Respondents WITH CRIMINAL WRIT PETITION NO. 329 OF 2011 Shri Prabuddhakumar N. Sonawane and ors. .. Petitioners Vs. The State of Maharashtra and ors. .. Respondents WITH CRIMINAL WRIT PETITION NO. 558 OF 2011 Shri Anil N. Havale and ors. .. Petitioners Vs. The State of Maharashtra and ors. .. Respondents Mr. Shiva Patil for petitioners. Mr. J. P. Yagnik, APP for State. 2 cri-wp-328-329-558-11 CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 15, 2011. P.C. 1. All these petitions have been filed by the depositors of a company by name “M/s. Aryarup Tourism & Club Resorts Pvt. Ltd.” and floated by respondent no.3. They pray for calling for the investigation report and to seize moveable and immoveable properties of respondent no. 3 till the repayment of invested amount. 2. The petitioners are protected by the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 and the said Act was held to be unconstitutional by a Full Bench of this court. However, the Apex Court by its order dated 9/5/2011 in Criminal Appeal No. 1597 of 2005 has held that the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 is constitutionally valid and the view taken by this court has been set aside. 3. Hence, the petitioners have an alternative and efficacious 3 cri-wp-328-329-558-11 remedy under the said Act. The learned counsel for the petitioners, therefore, seeks leave to withdraw the petitions so as to approach the Competent Forum/Court for seeking the relief prayed for in these petitions, under the said Act. 5. Leave granted and the petitions are disposed as withdrawn with liberty as is available in law. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)