2022 (4) TMI 1533 - HC - Money Laundering

Petition was dismissed with liberty to the writ petitioners to approach the Court which is Forum Conveniens - HELD THAT - Having heard learned counsels, and after considering all the relevant factors in the specific facts of this case, it is agreed that the impugned order be set aside and the writ petition be remanded back to the learned Single Judge for hearing on merits. It is ordered accordingly. The appeal stands disposed of.

Summary

Issues:
1. Compliance with previous court order in LPA No. 204/2022.
2. Dismissal of writ petition in W.P.(C) No.3852/2022.
3. Setting aside the impugned order and remanding the writ petition back to the learned Single Judge.
4. Criteria for granting interim relief in the absence of the appellate forum.

Compliance with Previous Court Order in LPA No. 204/2022:
The appellants in the case had complied with the court's order dated 06.04.2022 passed in LPA No. 204/2022. They had deposited the costs imposed upon them, as evidenced by the receipt placed on record. The amended memo of parties filed with the present appeal contained the necessary names and addresses, including additional addresses for some parties inadvertently omitted in the original filing.

Dismissal of Writ Petition in W.P.(C) No.3852/2022:
The writ petition filed by the appellants was dismissed by an order dated 07.03.2022 in W.P.(C) No.3852/2022, with liberty granted to approach the appropriate court. After hearing counsels and considering the case's specifics, the court agreed to set aside the impugned order and remand the writ petition back to the learned Single Judge for a hearing on merits.

Setting Aside the Impugned Order and Remanding the Writ Petition:
The decision to set aside the impugned order and remand the writ petition was made after a thorough consideration of all relevant factors. The court ordered the writ petition to be restored to its original number and listed before the learned Single Judge on 19.04.2022. The appellants were given the opportunity to establish a prima facie case to seek interim relief in the writ petition.

Criteria for Granting Interim Relief:
The court emphasized that granting interim relief solely due to the absence of an appellate forum should not be the norm. Parties seeking interim relief must meet the triple criteria of demonstrating a prima facie case, balance of convenience, and the presence of irreparable loss and injury. The appeal was disposed of based on these terms, ensuring a fair and just process for granting interim relief.