2019 (10) TMI 1577 - HC - Money Laundering

Money Laundering - provisional attachment - invocation of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India - HELD THAT - Admittedly, original proceedings are pending before the Adjudicating Authority. In such view of the matter, as held by this Court in D. VASANTHAMANI AND ORS. VERSUS UNION OF INDIA, DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA AND ORS. 2019 (7) TMI 2005 - MADRAS HIGH COURT , the aforesaid pending proceedings will have to be completed and therefore, the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is not required to be invoked. This Court directs the Adjudicating Authority, viz. the 2nd Respondent herein, to conclude the proceedings within a period of two months from the date of receipt of a copy of this order - Petition disposed off.

Summary

Issues: Challenging provisional attachment order passed by Adjudicating Authority

In the judgment delivered by the High Court, the Hon'ble Mr. Justice M.M.Sundresh and the Hon'ble Mr. Justice RMT. Teekaa Raman, the main issue was the challenge against the provisional attachment order passed by the Adjudicating Authority. The Court noted that the original proceedings were still pending before the Adjudicating Authority. Referring to a previous case, the Court emphasized that the pending proceedings must be completed without invoking the extraordinary jurisdiction under Article 226 of the Constitution of India. Consequently, the Court directed the Adjudicating Authority to conclude the proceedings within two months from the date of receipt of the order.

The judgment highlighted that the Adjudicating Authority must thoroughly consider all materials presented before it, including those relied upon by the Deputy Director, Directorate of Enforcement. The Court disposed of the Criminal Original Petitions and Writ Petitions with the aforementioned direction and observation. Additionally, the Court ruled that there would be no order as to costs in the Writ Petitions. Finally, the connected miscellaneous petitions were closed as a result of the judgment.