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TMI Blog2019 (9) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... Initiating Officer under Section 24 of the Benami Act. If the Initiating Officer passes a provisional order of attachment of the property, he draws up a statement of case and refers it to the Adjudicating Authority under Section 24(5) of the Benami Act. The second level of adjudication then begins by the Adjudicating Authority issuing a show cause notice u/s 26(1) of the Benami Act. The said show-cause has to be issued within a period of thirty days upon the reference being received. At least 30 days period has to be given for filing of the reply and furnishing the information. After affording an opportunity of being heard, the Adjudicating Authority has to pass appropriate orders as per Section 26. However, the statute provides a sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... W.P.(C) 9841/2019 and CM APPL. 40695/2019 2. The present writ petition has been filed challenging the order dated 26th July, 2019 passed by the Appellate Tribunal for Prohibition of Benami Property Transactions Act ( Appellate Tribunal ). The challenge raised is that no appeal could have been filed before the Appellate Tribunal against the show-cause notice issued by the adjudicating authority under Section 26 of the Prohibition of Benami Property Transactions Act, 1988 ( Benami Act ) as the said provision does not permit such an appeal challenging a show-cause notice. 3. Mr. Raghvendra Singh, ld. Sr. Standing Counsel submits that the impugned order of the Tribunal, in effect, has stopped the Adjudicating Authority fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad). 6. The issues raised in the present writ petition would require adjudication by this Court. The judgment of this Court dated 9th April, 2015 in CRL. M.C. 5508/2014 arose out of a petition under Section 482 of the Code of Criminal Procedure against proceedings initiated under the PMLA Act. 7. The present show-cause notice dated 21st June 2019, has been issued under Section 26(1) of the Benami Act. Vide the said notice, Respondent No. 2 and 3 have been directed to file their replies along with documents and evidence. The operative portion of the show cause notice reads as under:- NOTICE TO SHOW CAUSE UNDER SECTION 26(1) Whereas initiating officer has passed an order under section 24(4) in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Room-1, Room No. 25, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi-110001 falling which the reference shall be heard and decided in your absence as per the law. Given under my hand and the seal of the Adjudicating Authority, this 21st Day of June 2019. 8. The jurisdiction of the Tribunal is governed by Section 46 of the Act, the relevant portion of which reads: 46 (1) Any person, including the Initiating Officer, aggrieved by an order of the Adjudicating Authority may prefer an appeal in such form and along with such fees, as may be prescribed, to the Appellate Tribunal against the order passed by the Adjudicating Authority under sub-section (3) of section 26, within a period of forty-five days from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one year. The relevant provision i.e., Section 26(7) reads as under: 26(7) No order under sub-section (3) shall be passed after the expiry of one year from the end of the month in which the reference under sub-section (5) of section 24 was received. Thus, the enquiry and the adjudication are time bound as per the statute. The statute does not contemplate any interdiction by the Appellate Tribunal during the process of adjudication while the Adjudicating Authority is seized of the matter. It is only thereafter, that an appeal has been provided for under Section 46. This however would not bar exercise of powers in writ jurisdiction. 11. Insofar as the remedy of Appeal to the High Court is concerned, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court is satisfied that the case involves a substantial question of law. 5. From a perusal of the aforesaid, it is apparently clear that an appeal shall lie from every order passed in the appeal by the Appellate Tribunal, if a substantial question of law is involved. The word every order does not mean an interim order or an order passed on a Miscellaneous Application. It means a final order disposing of the appeal. . 8. In the light of the aforesaid, it is apparently clear, that the words an appeal shall lie to the High Court from every order passed in appeal has to be given purposeful meaning. The words passed in appeal means an order finally deciding an appeal. An order passed by the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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