1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1026 OF 2008 IN CRIMINAL APPEAL NO.933 OF 2008 Dulari Kiran Ghaswalla ...Applicant Vs. The State of Maharashtra & Ors. ...Respondents Mr.S.R.Chitnis, Sr. Advocate i/b. H.S.Venegavkar, Advocate for the Applicant Mrs.P.P.Bhosale, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 9TH DECEMBER, 2009 P.C. 1.The Appeal deals with the proceedings taken by the competent authority for attachment of the properties pursuant to malafide transfers under Section 8 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act 1999 (M.P.I.D.Act). The Act has been declared ultra vires by this Court. The Appeal therefrom is pending in the Supreme Court. Pending the Appeal interim attachments granted by the Competent Authority is to subsist. Applications for release of attachments are to be disposed off in accordance with law. The application upon which the impugned order came to be passed was made after the order of the Supreme Court was passed on 19 th November 2 2005. 2.The applicant claims the property as belonging to him as the landlord whose tenanted property has been sought to be attached. The accused is the tenant. 3.In view of the fact that the Legislative competence of the Act would have to be determined, this Appeal can be considered only after the order of the Supreme Court is passed determining the Legislative competence of the M.P.I.D Act. Interim stay has been granted by this Court in this application. That stay is extended until further orders. The Criminal Appeal itself is adjourned sine die. 4.I have been shown that notice has been served on the Competent Authority in this case. The Competent Authority has been shown as Respondent No.5. Respondent No.3 has been deleted on 11 th September 2008. Hence, he has become Respondent NO.4. The office note dated 15 th October 2008 shows that the Respondent No.4 is served. He has not been represented. 5.The criminal application is disposed off accordingly and the Criminal Appeal is adjourned sine die. (SMT. ROSHAN DALVI, J.)