Writ petition filed by petitioner requesting modification of attachment order on a spinning mill. Court directed respondents to cooperate with PML Appellate Tribunal and requested Tribunal to dispose matter expeditiously within three months.
Respondents directed to cooperate with PML Appellate Tribunal; Tribunal requested to dispose matter within three months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2017
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN
WRIT PETITION No.1857 of 2017
P.Karuppusamy ... Petitioner
vs.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondents to raise the attachment in respect of the spinning mill building and machineries by modifying the attachment order passed in F.No.ECIR-03/CEZO/PMLA/2011 (VSK), dated 01.06.2015.
For Petitioner : Mr.C.Prakasam For Respondents : Mrs.G.Hema
O R D E R
The petitioner has come up with this Writ Petition seeking a direction to the respondents to raise the attachment in respect of the spinning mill building and machineries by modifying the attachment order passed in F.No.ECIR03/CEZO/PMLA/2011 (VSK), dated 01.06.2015.
said spinning mill by way of purchasing shares and in that regard, both the petitioner and Srinivasan entered into an agreement and the latter paid a sum of Rs.3.58 crores out of the total consideration of Rs.12.5 crores. The said Srinivasan was arrested for the reason that he produced forged documents and obtained loan for several crores of rupees from Global Trade Finance. Thereafter, the respondents herein invoked the provisions of Prevention of Money Laundering Act, 2002 and took possession of the petitioner's spinning Mill and passed an order of provisional attachment vide proceedings No.14/2014, dated 22.09.2014 invoking Section 5(1) of the said Act.
This Writ Petition is disposed of with the above observation. No costs. Consequently, connected W.M.P.No.1853 of 2017 is closed.
s/d-
Assistant Registrar(CO)
//True Copy//
Sub-Assistant Registrar
To:
1. The Joint Director,
Enforcement Directorate,
Chennai Zonal Office,
2nd & 3rd Floor,
Murugesa Naicker Complex,
No.84, Greams Road,
Chennai 600 006.
2. The Assistant Director,
Directorate of Enforcement,
Shastri Bhavan,
3rd Floor, 3rd Block,
No.26, Haddows Road,
Chennai 600 006.
3. The PML, Appellate Tribunal, New Delhi.
+1 CC to M/s. C. Prabakaran, Advocate sr 5204
Order in
W.P.No.1857 of 2017
RSI(CO)
sp/7/2
1 issue framed by the court
Whether to issue directions to respondents regarding raising attachment of spinning mill and machineries.
2 provisions across 2 enactments
P.Karuppusamy
The Joint Director, Enforcement Directorate, Chennai Zonal Office
The Assistant Director, Directorate of Enforcement
B.Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
