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TMI Blog2022 (4) TMI 1619X X X X Extracts X X X X X X X X Extracts X X X X ..... riminal prosecution in S.C. No.74 of 2017 that has been filed by the Enforcement Directorate against him in the Special Court, Chennai for the offence under Section 3 r/w 4 of Prevention of Money Laundering Act, 2002 would stand automatically abated qua Sridhar. Taking into consideration the present facts and circumstances of the case, it is opined that the interests of justice would be served if the provisional order of attachment in PAO No.20 of 2016 dated 02.09.2016 as confirmed in OC No.636 of 2016 dated 03.02.2017 are set aside qua the subject property alone and the attachment on the subject property be lifted as no notice was served on Amarabalan in both these proceedings, though the subject property stood in his name as on those two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint lodged by Bharani, a case in Kancheepuram Taluk Police Station Crime No.521 of 2009 was registered against the said Sridhar and others. After completing the investigation in Crime No.521 of 2009, the police filed a final report in C.C.No.194 of 2009 against the said Sridhar and others in the Court of Judicial Magistrate II, Kancheepuram. While so, Sridhar executed a Power of Attorney dated 19.06.2009 vide Document No.339 of 2009 in favour of one K.Babu in respect of the subject property. On the strength of the Power of Attorney, the said K.Babu sold the subject property to one P.Ravichandran on 02.07.2009 vide document No.3423 of 2009. 3. Since several police cases came to be registered against the said Sridhar for extortion and m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ran. Since Sridhar escaped to the Middle East in order to avoid arrest by the enforcement agencies in India, the provisional order of attachment was not defended by him before the adjudicating authority. The adjudicating authority, by order dated 03.02.2017, in O.A.No.636/2016 has confirmed the provisional order of attachment u/s.8 of the PMLA. The order of attachment now stands reflected in the encumbrance certificate of the subject property. Under such circumstances, Amarabalan is before this Court with the above writ petition. 6. On 25.02.2022, this Court issued the following direction to the respondent herein [Enforcement Directorate]: Hence, the respondents are directed to file an additional counter affidavit and place the materials be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of attachment in PAO No.20 of 2016 and also subsequently in O.A.No.636 of 2016. We request Mr.R.Sankaranarayanan, learned Additional Solicitor General of India to assist us in this matter. Call on 18.04.2022. 3. On 18.04.2022, we passed the following order: Today, Mr.Ajay Gour, Assistant Director, Directorate of Enforcement, Chennai, is present. 2. Mr.S.Sasikumar, learned Special Public Prosecutor (ED) submitted that the Additional Solicitor General of India is not available today and sought adjournment. Call on 25.04.2022. 4. In the meanwhile, as directed by us in the order dated 04.04.2022, Mr.Ajay Gour, Assistant Director, Directorate of Enforcement filed an additional counter affidavit dated 18.04.2022, wherein it is stated as un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts extracted above from the additional counter affidavit dated 18.04.2022, it is clear that as on the day viz., 02.09.2016, when the provisional order of attachment in PAO No.20 of 2016 was passed, the subject property was in the name of Amarabalan, the petitioner herein. Admittedly, no notice was served on Amarabalan either in the proceedings relating to the provisional order of attachment in PAO No. 20 of 2016 or in the confirmation proceedings in OC No.636 of 2016 dated 03.02.2017 passed under Section 8 of Prevention of Money Laundering Act, 2002. Admittedly, Sridhar also died on 05.10.2017 in Cambodia. Hence the criminal prosecution in S.C. No.74 of 2017 that has been filed by the Enforcement Directorate against him in the Special Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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