2018 (7) TMI 1222 - AT - Money Laundering

Offence under PMLA - Provisional Attachment Order - Held that - the respondent cannot be permitted to say that since the bank was not a party to the proceedings by taking the reap advantage or benefit from such transfer of shares as the respondent No. 1 was the party and the interim order was passed in the presence of his counsel. The said argument have no substance. Even after transfer of shares by the bank in favour of the respondent No. 1, it was the duty of the respondent no. 1 to inform the bank that the said transfer has been made after passing the interims and the same is in violation of orders. There is no material on record to show the respondent No. 1 in order to show its bonafide to re-transfer the same to the bank. Thus direct the respondent to re-transfer back the equity shares of appellant which are the subject matter of the present appeal to the demat account of the appellants forthwith. The above said order shall have no bearing in other proceedings in authorities. The present order is pertaining to the subject matter of present appeal only.

Issues Involved:
1. Contempt of court for non-compliance with the status quo order.
2. Transfer of equity shares despite the status quo order.
3. Responsibilities and actions of the Respondent and HDFC Bank regarding the transfer of shares.
4. Legal precedents and judicial policy on compliance with court orders.

Issue-wise Detailed Analysis:

1. Contempt of Court for Non-Compliance with the Status Quo Order:
The Tribunal addressed an application for contempt filed by the Appellant, seeking a direction against the Respondent to comply with the status quo order passed by the Tribunal. The Tribunal noted that the interim order was passed on 28.11.2017, directing both parties to maintain the status quo in respect of the attached property. Despite this, the equity shares were transferred to the Respondent's Demat account on the same day. The Tribunal found no material evidence showing that the Respondent had issued any communication to the bank after the interim order was passed or had shown any interest in re-transferring the shares despite the interim order.

2. Transfer of Equity Shares Despite the Status Quo Order:
The Tribunal observed that the equity shares were transferred after the status quo order was passed in the presence of the Respondent's counsel. The Respondent argued that the transfer was a "mere coincidence" and occurred in the routine manner of banking operations. However, the Tribunal highlighted that the Respondent did not take any steps to comply with the status quo order or to rectify the transfer, which constituted a breach of the order.

3. Responsibilities and Actions of the Respondent and HDFC Bank Regarding the Transfer of Shares:
The Tribunal scrutinized the actions of both the Respondent and HDFC Bank. It was noted that HDFC Bank transferred the shares based on instructions received prior to the interim order and communicated the transfer to both parties. The Tribunal emphasized that it was the duty of the Respondent to inform the bank about the interim order and ensure compliance. The Respondent's failure to take corrective measures post-transfer was a significant point of contention.

4. Legal Precedents and Judicial Policy on Compliance with Court Orders:
The Tribunal referred to several legal precedents to underline the importance of compliance with court orders. It cited cases such as Century Flour Mills Ltd. Vs. Suppiah and Keshrimal Jivji Vs. Bank of Maharashtra, which emphasize the duty of courts to rectify wrongs done in disobedience of their orders and the necessity of maintaining the rule of law. The Tribunal stressed that allowing violations of court orders undermines public faith in the judicial system.

Conclusion:
The Tribunal concluded that the Respondent failed to comply with the status quo order and directed the Respondent to re-transfer the equity shares back to the Appellant's Demat account. It was emphasized that the order pertains solely to the present appeal and does not affect other proceedings. The Tribunal underscored the principle that court orders must be respected and enforced to maintain the integrity of the judicial process. The pending miscellaneous petitions were disposed of, and the main appeal was listed for a subsequent hearing.

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