The High Court of Karnataka disposed of a writ petition seeking quashing of a provisional attachment order under the Prevention of Money Laundering Act as infructuous, since the underlying proceedings were concluded and an appeal was pending before the adjudicating authority.
Writ petition disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.1828 OF 2020 (GM-RES)
BETWEEN :
MR. MICHAEL FLOYD ESHWER S/O LATE MR. BASAPPA SHIVAYOGI ESHWER AGED ABOUT 55 YEARS NO.8/1N, 6/1, HYDER ALI ROAD NAZARBAD, MYSORE KARNATAKA-570 019 …PETITIONER
(BY SHRI. S. JAYARAM BHATT FOR DR. S. ARUMUGHAM, ADVOCATES)
AND :
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NEW DELHI-110 001 ... RESPONDENTS
(BY SHRI. H. JAYAKARA SHETTY, CGC FOR R1, R2 & R4; R5-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PROVISIONAL ATTACHMENT ORDER DTD.19.11.2019 AT ANNEXURE-Y ISSUED BY THE R-2 E.D. AND DECLARE THAT THE PROVISIONAL ORDER ISSUED BY THE R-2 UNDER DTD.19.11.2019 AT ANNEXURE-Y IS NULL AND VOID AND ETC.
THIS WRIT PETITION COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Shri. H. Jayakara Shetty, learned CGC submitted that
proceedings initiated against the petitioner under Prevention
of Money Laundering Act, 2002 has been concluded and
petitioner has challenged the same in an appeal. The same
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is pending consideration. Therefore, this writ petition is rendered infructuous.
The said submission is not disputed by
Shri. S. Jayaram Bhatt for Dr. S. Arumugham, learned Advocate for petitioners.
Placing the submission of learned CGC on record, writ
petition is disposed of as having become infructuous.
No costs.
Sd/JUDGE
SPS
1 issue framed by the court
Whether the writ petition is maintainable when the underlying PMLA proceedings have been concluded and an appeal is pending.
2 provisions across 2 enactments
Mr. Michael Floyd Eshwer
The Government of India Ministry of Finance
The Assistant Director (Money Laundering Act)
The Reserve Bank of India
The Registrar/Administrative Officer Adjudicating Authority (PMLA)
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
