Disposed

Sri C Hemant v. the Deputy Director

Karnataka HC8 Feb 2021WP/1978/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging an order under the Prevention of Money Laundering Act, 2002. While noting the order was appealable, it reserved liberty to the petitioner to appeal and directed the Enforcement Directorate to take no precipitate action for 45 days.

What did the court decide?

Petition disposed of; liberty reserved to prefer appeal; Respondent No.1 directed not to take any precipitate action for 45 days.

Sri C Hemant Vs the Deputy Director — Banking and Recovery | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.1978 OF 2021 (GM-RES)

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BETWEEN :

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SRI. C. HEMANT S/O C. DEVARAJU AGED 26 YEARS NO.28, 4^TH MAIN ROAD 4^TH CROSS, 7^TH BLOCK BANASHANKARI III STAGE BENGALURU …PETITIONER

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(BY SHRI. KIRAN S. JAVALI, ADVOCATE)

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AND :

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THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT BANGALORE ZONAL OFFICE 3^RD FLOOR, 'B' BLOCK BMTC-TTMC BUILDING K.H.ROAD, SHANTHINAGAR BANGALORE-560 027

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ADJUDICATING AUTHORITY ROOM NO.26, 4^TH FLOOR JEEVAN DEEP BUILDING PARLIAMENT STREET NEW DELHI-110 001

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REPT. BY REGISTRAR ... RESPONDENTS

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(BY SHRI. MADHUKAR DESHPANDE, , CGC)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.01.2021 IN O.C. NO.821/2017 ANNEXURE-A AS ILLEGAL AND ABINTIO VOID AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Shri Kiran S.Javali, learned advocate for the petitioner and Shri Madhukar Deshpande, learned CGC for the State.

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Learned CGC has raised a preliminary objection that order impugned in this writ petition is appealable under Section 26 of the Prevention of Money Laundering Act, 2002.

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Learned advocate for the petitioner submitted that this Court in W.P.No.48031/2017 has passed an interim order on 27.10.2017 directing the respondents not to pass final order. The said writ petition has been disposed of on 11.12.2020. After disposal of the said writ petition, without issuing notice to the petitioner, the Adjudicating Authority has passed the impugned order.

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In the impugned order, it is specifically stated that the said order is appealable under Section 26 of the Prevention of Money Laundering Act, 2002, within 45 days from the date of receipt of a copy of the said order.

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In view of above facts, in the opinion of this Court, ends of justice would be met by disposing this petition by reserving liberty to the petitioner to prefer an appeal under the Prevention of Money Laundering Act, 2002, and directing respondent No.1 not to take any precipitative action for a period of 45 days from

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today. Ordered accordingly.

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Petition disposed of .

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All contentions of both parties are kept open.

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Sd/JUDGE

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Sri C Hemant v. the Deputy Director

Case brief

What is this about?

What did the court decide?

Sri C Hemant v. the Deputy Director

Case brief

What is this about?

What did the court decide?

What the court decided

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