9911796707
TMI Blog2024 (3) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... and money circulation were all arrayed as accused and on completion of investigation, final report was filed and the same was taken on file by the respective Metropolitan Magistrate (Sub Sessions Court, Egmore, Chennai). After filing the final report, the Enforcement Directorate found that the offence alleged to have been committed also attracts the provisions of Prevention of Money Laundering Act (PMLA Act) and therefore, the case was registered under PMLA Act against the persons, who were managing M/s.Oakdale Properties Private Limited and its sister concerns. This case was taken on file in C.C.No.7 of 2018 on the file of the Special Court constituted under PMLA Act. The Enforcement Directorate also thought fit to invoke the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the seventh respondent, M/s.Oakdale Properties Private Limited, has nothing to do with the property, whereas under the predicate offence registered against the seventh respondent and the consequential registration of proceedings under PMLA Act, the properties of the seventh respondent were attached under the PMLA Act. It is the specific case of the petitioner that the department instead of proceeding with Resurvey No.47/6A2, which stands in the name of the seventh respondent, has wrongly included Resurvey No.47/6B2 owned by the writ petitioner. 2. The learned counsel for the petitioner relied upon the sale deed of M/s.Oakdale Properties Private Limited dated 18.01.2008, wherein the property in Survey No.47/6B2 measuring 0.26.0 ares been con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order also was confirmed by the Hon'ble Supreme Court, when the department has filed Special Leave Petition. Subsequently, the Division Bench of this Court in Crl.O.P.No.2279 of 2019 dated 12.09.2022, while quashing C.C.No.7 of 2018 has observed that the proceedings initiated by the Enforcement Directorate under PMLA Act is quashed in its entirity, in other words, the attachment proceedings had also been quashed and this has been reconfirmed and reiterated by the appellate tribunal vide its order dated 22.05.2023. 5. A short point involved in this writ petition is that M/s.Oakdale Properties Private Limited and its Directorates fall under the scanner of Enforcement Directorate, after a criminal case got registered against them for the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to 3 since the entire proceedings initiated against the seventh respondent has been quashed, both predicate offence as well as the offence under PMLA Act, this Court is of the view that the relief as prayed for in the writ petition has become infructuous and the error of including the property of the petitioner in the attachment proceedings herein has to be rectified. However, it is necessary that the entry, if any made by the Sub Registrar, who is the sixth respondent in this writ petition regarding attachment of property bearing Resurvey No.47/6B2, has to be deleted. 8. Accordingly, the sub registrar/sixth respondent is directed to delete any entry in respect of Resurvey No.47/6B2, which were made pursuant to the proceedings of the Enfor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
