Union Bank of india v. The Deputy Director
Case brief
What is this about?
Work dismissed a writ petition seeking certiorari to quash an order of provisional property attachment,observing that the cause is maintainable only before the Adjudicating Authority under the PMLA, not at the threshold through writ.
What did the court decide?
No costs. Connected written miscellaneous petitions also closed.
What the court decided
A compact analysis
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM
W.P.NO.2594 OF 2021
Union Bank of India
Rep. By its Asst.General Manager, Stressed Asset Management Branch, 1st Floor, No.95/137, Chandramothi Building, Anna Salai, Chennai. .. Petitioner Vs. 1. The Deputy Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue, Chennai Zonal Office, 2nd and 3rd Floor, Murugesa Naickar Complex, No.84, Greams Road, Chennai – 06. 2. The Hon'ble Chairperson, Adjudicating Authority, Under the Prevention of Money Laundering Act, 2002, No.26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi – 110 001.
- M/s.SLO Industries Limited Rep. By its Resolution Professional, Mr.C.Ramasubramaniam, 403/D, 2nd Floor, TH Road, Chennai – 600 019. .. Respondents Prayer:-
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the 1st respondent herein in Order No.02/2020 dated 06.10.2020 and quash the same insofar as the properties morefully described in the Schedule to the writ petition.
Issues for consideration
1 issue framed by the court
Whether a challenge to a show cause notice against provisional attachment of properties can be maintained at the certiorari stage before approaching the adjudicating authority.
Parties & counsel
- petitioner
Union Bank of India
- respondent
Deputy Director, Directorate of Enforcement
- respondent
Chairperson, Adjudicating Authority
- respondent
M/s.SLO Industries Limited
Coram
Case details
As recorded by the court registry
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