TMI Blog2021 (7) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2021. The matter is pending adjudication before the Adjudicating Authority. The writ petition is premature - question of jurisdiction raised in respect of a quasi judicial proceeding by the writ petitioners, is first required to be addressed by the authority created under the statute to adjudicate the matter. The writ petitioners also have a remedy of an appeal before a Tribunal against the order of the adjudicating authority - This Court, therefore, is of the view that it may be rather premature for the writ petitioner to approach the writ court against the provisional findings by the authority under the statute. This Court directs the adjudicating authority under Section 8 to complete proceeding against the writ petitioners within the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said properties. It is next argued by reference to the challans and other documents, that it is only due to a typographical errors therein that they appear to show suspicious transactions between the petitioner no. 1 and one M/s SPS Steel Rolling Mills Ltd. and its direction. Mr. Abhratosh Majumder, learned Senior Advocate appearing for the writ petitioners, has tried to demonstrate before this Court that the allegations are erroneous and hence the proceedings themselves are without jurisdiction. It is further argued that the writ petitioners are in no way connected with the two accused, namely, the said SPS Steels and M/s Bengal India Global Limited. This Court notes that in terms of Section 8 of the PMLA Act, the petitioners h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority under Section 8 to complete proceeding against the writ petitioners within the period specified under the statute. No unnecessary adjournment shall be granted by the adjudicating authority to any of the parties. The adjudicating authority shall address all questions including the question of jurisdiction raised by the writ petitioner before this Court. An order with reasons shall be passed by the adjudicating authority uninfluenced by any observation made by either the first authority or of this Court. In view of the above, nothing remains to be adjudicated in the writ petition any further. The writ petition shall stand disposed of. There will be no order as to costs. All parties are directed to act on a server copy of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X
|