9911796707
TMI Blog2021 (2) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... REATIVE PRINTS PVT. LTD. AND ANR., APARAJITA KUMARI ANR., PRATIBHA SINGH ANR. VERSUS UNION OF INDIA JOINT DIRECTOR, ENFORCEMENT DIRECTORATE ANR. [ 2018 (1) TMI 535 - DELHI HIGH COURT] . The Adjudicating authority ought to have decided the application and thereafter proceeded to finally adjudicate the matter. However, the submission as to availability of an alternate remedy is not without merit. Under Section 26 of the PML Act, an appeal lies to the Appellate Tribunal against an order of the Adjudicating Authority. Merely because of the fact the application was not decided by the authority would not be sufficient ground to entertain the present writ petition. The same could be a plea that the Petitioner can raise before the PMLA A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est: A. Letter of request dated 12.11.2018, received from central authority of brazil seeking legal assistance in criminal matter from the Applicant (ED) along with all the communication to and from the Brazilian Competent Authority. (Para 1 of original OA) B. Order dated 02.10.2018, passed by the 7 th Federal Criminal Court, Rio De Janerio, Brazil. (Para 2.7 of original OA) C. Forwarding letter by Central Authority of India (i.e. Ministry of Home Affairs) given to the Applicant (ED) (Para No.5 of Original OA). D. File of Central Authority of India (I.e. Ministry of Home Affairs) where the request by brazil was Processed. E. Copy of Reason to believe recoded by the Applicant (ED) for seizure U/s 17(1) of the PMLA, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of the Petitioner has been attached by the Directorate of Enforcement, subject to directions of the High Court in the writ petition. 5. Mr. Ravi Prakash, ld. counsel appearing for the Directorate of Enforcement/ Respondent No. 2, submits that the impugned order is an appealable order under Section 26 of PML Act, and the Petitioner ought to be relegated to the Appellate Tribunal to pursue his prayers and remedies thereto. He further submits that the Adjudicating Authority is conscious of the orders passed in the writ petition filed by the Petitioner, bearing no. 6. Heard ld. counsels for the parties. A perusal of the impugned order shows that the application filed by the Petitioner has not been considered by the Adjudicating Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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