- (1.)HEARD Mr. V.R. Manohar, learned counsel for the petitioners in Writ Petn. Nos. 302 to 310 of 1999 and 312 to 315 of 1999 and Mr. A. Diwan, learned counsel for the petitioners in writ Petn. No. 330 of 1999. Also heard Dr. D.Y. Chandrachud, Addl. Solicitor General appearing for respondent Nos. 1 to 6 and Mr. R. Murlidharan, learned counsel for the respondent No. 7.
(2.)ONE of the main grievance of the petitioners is that the amounts standing in the accounts of the petitioners in respect of which prohibitory order had been issued by the IT Department have been withdrawn by the IT Department from the concerned bank, respondent No. 7 herein, without any authority of law.
Mr. Diwan, learned counsel for the petitioners submits that the Department should be directed to bring back the money to the respective accounts. Dr. Chandrachud, Additional Solicitor General appearing for Revenue stated that out of the total amount of Rs. 15.23 crore which was the subject-matter of the prohibitory order, the Department has withdrawn from the bank Rs. 10.60 crore by two pay-orders. The amount standing to the credit of the petitioners in different accounts in the bank is approximately to the tune of Rs. 4.50 crore. Dr. Chandrachud agreed that no more withdrawal will be made by the Department from the respondent No. 7 bank during the pendency of these petitions. Mr. Murlidharan, learned counsel for respondent No. 7 bank stated before us that the bank has not made any adjustment in the accounts of any of the depositors including the petitioners. Dr. Chandrachud stated that the Department will issue suitable instructions to respondent No. 7 bank not to adjust the money withdrawn by the Department against the deposits standing in the accounts of the petitioners. The above statements are accepted. It is, however, made clear that this order will not, in anyway, preclude the Department from proceeding with the assessment and/or taking such other measures as are permissible under law.

(3.)THE petitioners have also challenged the attachment and continuation of attachment of their accounts. Hence, we issue rule. Returnable after six weeks. Respondents waive service.