Single judge dismissed a writ petition challenging a provisional assessment order under PMLA because a consequential final attachment order was passed pending the hearing, leaving no point for adjudication.
Writ petition dismissed with liberty to challenge the final attachment order separately.
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: 01.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.32964 of 2017 and W.M.P.Nos. 36354 to 36356 of 2017
Abishek Poddar, S/o. Hari Poddar ... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in Show Cause Notice (SCN) dated 24.10.2017 issued by 1st respondent in O.A.133/2017 and quash the same and consequently direct the 2nd respondent to defreeze the account of the petitioner maintained with the 3rd respondent and consequently permit the petitioner to operate the account in A/c. No.02322320001016.
For Petitioner :Mrs.Reshmi Christy for Mr. K.V.Sajeev Kumar
For Respondents :Ms.G.Hema, Central Govt. Counsel
for R1 and R2
This Writ Petition has been filed challenging the provisional assessment order passed under Sec.8 of Prevention of Money – Laundering Act, 2002.
3.Considering the fact that, pending Writ Petition, the final attachment order has been passed under Sec.8(3) of the Prevention of Money Laundering Act against the petitioner. Hence, nothing remains to adjudicate further in this point in this Writ Petition, and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to challenge the final attachment order, if he so advised. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
SD/-
// TRUE COPY //
SUB ASSISTANT REGISTRAR
rpp
To
W.P.No.32964 of 2017
pmk[co] srg 08/04/2022
2 issues framed by the court
Whether to allow a writ petition challenging the provisional assessment order under the Prevention of Money Laundering Act when a final attachment order has since been passed.
Whether the court should continue adjudication after a final attachment order is passed pending the writ petition.
3 provisions across 2 enactments
Abishek Poddar
Adjudicating Authority
Assistant Director, Directorate of Enforcement
HDFC Bank
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
