A writ petition challenged a provisional attachment order issued by the Directorate of Enforcement under Section 5(1) PMLA. Since the attachment was already confirmed by the Adjudicating Authority and an appeal under Section 26 PMLA was pending before the Appellate Tribunal, the High Court dismissed the petition 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.
W.P.No.15376 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.15376 of 2016
S.Srividhya
... Petitioner
Vs.
The Deputy Director, Office of the Joint Director, Directorate of Enforcement, Chennai Zonal Offi ce, 3rd Floor, C Block, Murugesa Naicker Complex, 84 Greames Road, Chennai – 600 006. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records relating to the order bearing No.06/2016 under File No.ECIR/ 08/ CEZO/2014 dated 21.3.2016 of the respondent in respect of the property as set out in the Schedule hereunder and quash the same.
For Petitioner
For Respondents
ORDER
Page 1 of 4
W.P.No.15376 of 2016
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The Writ Petition on hand has been instituted to assail the provisional attachment order bearing No.06/2016 dated 21.3.2016 issued by the Deputy Director, Directorate of Enforcement under Sub Section 1 of Section 5 of Prevention of Money Laundering Act, 2002.
in the statutory appeal preferred under Section 26 of PMLA and the petitioner is at liberty to do so.
infructuous. No costs. Consequently, the connected Miscellaneous Petition, if https://www.mhc.tn.gov.in/judis Page 2 of 4
W.P.No.15376 of 2016
any, is closed.
[S.M.S., J.] [M.J.R., J.]
11.11.2024
Index: Yes/No Speaking/Non-speaking order gd
https://www.mhc.tn.gov.in/judis Page 3 of 4
W.P.No.15376 of 2016
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
gd
To The Deputy Director, Office of the Joint Director, Directorate of Enforcement, Chennai Zonal Offi ce, 3rd Floor, C Block, Murugesa Naicker Complex, 84 Greames Road, Chennai – 600 006.
W.P.No.15376 of 2016
11.11.2024
https://www.mhc.tn.gov.in/judis Page 4 of 4
1 issue framed by the court
Whether a writ petition challenging a provisional attachment order under Section 5(1) PMLA is maintainable after the Adjudicating Authority has confirmed it and a statutory appeal lies under Section 2
4 provisions across 2 enactments
S.Srividhya
The Deputy Director, Office of the Joint Director, Directorate of Enforcement, Chennai Zonal Office
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
