Partly allowed

Aditya Birla Housing Finance Limited through Its Authorised Representative Mr. Nikhil Rodrigues v. Directorate of Enforcement Thru the Deputy Director Ms. N. Ananthie and Anr.

Bombay HC9 Dec 2021APEAL/262/2021

Case brief

AI extract

What is this about?

The Single Judge allowed an appellant's application to convert a criminal appeal into a Civil Appeal under Section 26 of the Prevention of Money Laundering Act, 2002, granting leave to amend and directing registry transmission to the appropriate court.

What did the court decide?

Leave to amend the appeal to convert it into a Civil Appeal granted; Registry directed to place the appeal before the appropriate court.

Aditya Birla Housing Finance Limited through Its Authorised… — Money Laundering | Bombay HC (2021)

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902-APL-262-21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO.262 OF 2021

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Aditya Birla Housing Finance Limited .... Appellant

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versus

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Directorate of Enforcement & Anr. .... Respondents

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Mr.Cyrus Ardeshir a/w Lalit Katariya, Ziyad Madon a/w Mahtab Katariya, a/w Pooja Jhaveri i/b. Katariya & Associates, Advocate for Appellant.

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Mrs.M. H. Mhatre, APP for State/Respondent.

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CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ. DATE : 9 DECEMBER 2021

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P.C. :

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. The Appellant has filed this Appeal challenging the order passed by the Appellate Tribunal under the provisions of Prevention of Money Laundering Act, 2002, confirming the provisional attachment.

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Digitally signed by MANUSHREE MANUSHREE V V NESARIKAR NESARIKAR Date: 2021.12.16 15:38:42 +0530

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The learned Counsel for the parties point out that the order is passed by the Tribunal under Section 26 of the Act 2002. The Section 26 falls in Chapter 6 of the Act of 2002. The procedure

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Nesarikar

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2 / 2 902-APL-262-21.odt

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and powers of the Appellate Tribunal is the same as vested on a Civil Court under Code of civil procedure and all proceedings before the Appellate Tribunal is deemed to be judicial proceedings and Appellate Tribunal is deemed to be Civil Court for that purpose. The Section 35(3) states that the order passed by the Tribunal under this provision is executable as a decree of the Civil Court and the Appellate Court/Tribunal will have powers of the Civil Court. The Section 41 bars jurisdiction of the Civil Court. It is under this scheme of the Act, that the Appeal filed before us. Therefore the endorsement of the Registry that the present Appeal will a Civil Appeal, is correct.

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The learned counsel for the Appellant seeks leave to amend to convert the Appeal into a Civil Appeal. Leave granted. The Registry and the Appellant to take necessary steps.

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The Registry will place the Appeal before the appropriate Court as per the date assigned.

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(SARANG V. KOTWAL, J.)

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(NITIN JAMDAR, J.)

Aditya Birla Housing Finance Limited through Its Authorised Representative Mr. Nikhil Rodrigues v. Directorate of Enforcement Thru the Deputy Director Ms. N. Ananthie and Anr.

Case brief

What is this about?

What did the court decide?

Aditya Birla Housing Finance Limited through Its Authorised Representative Mr. Nikhil Rodrigues v. Directorate of Enforcement Thru the Deputy Director Ms. N. Ananthie and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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