9911796707
TMI Blog2023 (4) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... der passed on 21st December, 2022 and the Petitioner has already availed of the appellate remedy, it is deemed appropriate to relegate both the Petitioners to pursue their appellate remedies before the Appellate Tribunal, under the PMLA, in accordance with law. The Petitioners in both the writ petitions shall, along with their appeals, prefer interim applications before the Appellate Tribunal. The said interim applications, if not already listed, may be taken up by the Appellate Tribunal within 4 weeks and shall be adjudicated expeditiously - Petition disposed off. - W.P.(C) 10382/2022 and CM APPL. 29948/2022, 33958/2022, W.P.(C) 12650/2022 and CM APPL. 38392/2022 - - - Dated:- 28-3-2023 - JUSTICE PRATHIBA M. SINGH For the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also subsequently provided supporting data as required on a pen drive which has been duly received by the Directorate. Mr. Hossain, learned counsel appearing for the Enforcement Directorate, submits that since the data itself is voluminous the respondents would require a week to duly analyse the same and to attend to the prayers made by the petitioner referable to Section 17(1A) of the Prevention of Money-Laundering Act, 2002. Let the Enforcement Directorate proceed in this regard accordingly. Notice. Since the respondent is duly represented by learned counsel, let a counter affidavit be filed within a period of one week. The petitioner may file its response thereto within a period of 48 hours of service. The Court takes note ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 17(1A). Learned counsel further contends that the search revealed material on the basis of which it came to light that proceeds of crime had been secreted in the mentioned bank accounts. Matter requires consideration. Mr. Agarwal, learned senior counsel on instructions had apprised the Court that the respondents have already debit freezed accounts which held a sum of Rs. 251 crores approximately to their credit. Bearing in mind the contention of the respondent that the proceeds of crime is presently quantified at Rs. 1200 crores, it was submitted that the petitioner are ready and willing to furnish a bank guarantee to the extent of Rs. 950 crores without prejudice to their rights and contentions in the writ petition. The statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xceptions. The application shall stand disposed of. W.P.(C) 12650/2022 and CM APPL. 38392/2022(Interim Stay) Notice. Since the respondents are duly represented, let a counter affidavit be filed on or before the next date fixed. Bearing in mind the issues raised here and which emanate from the principal challenge which was raised in W.P.(C) 10382/2022 [Vivo Mobile India Pvt. LTD. versus Directorate of Enforcement], let this writ petition stand tagged with the aforesaid matter to be called on 20.09.2022. In the meanwhile and bearing in mind the interim directions which were passed on the aforesaid writ petition as well as the orders passed on the writ petitions preferred by other dealers of Vivo Mobile, the Court prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Applicant and having heard their oral arguments followed by written submissions from page 191 to 228 of this order there is justification for retention of currency/cash, gold bullions, digital devices/ data, electronic items, records, documents seized and bank accounts mentioned in OA. Hence the Original Application for continuation of retention of currency/cash, gold bullions, digital devices/ data, electronic items, records, documents seized and bank accounts mentioned in OA deserves to be allowed and is hereby allowed. The material shown in OA is sufficient to arrive at the satisfaction by this Authority that the retention of currency/cash, gold bullions, digital devices/ data, electronic items, records, documents seized and bank acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers to pursue their appellate remedies before the Appellate Tribunal, under the PMLA, in accordance with law. 11. Accordingly, the following directions are being issued in the matter. (i) The Petitioners in both the writ petitions shall, along with their appeals, prefer interim applications before the Appellate Tribunal. The said interim applications, if not already listed, may be taken up by the Appellate Tribunal within 4 weeks and shall be adjudicated expeditiously. (ii) The interim arrangements, which have been directed by this Court vide order dated 13th July, 2022 and 1st September, 2022, shall continue till the time the Appellate Tribunal decides the interim applications or till the final decision in the Appeals, in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X
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