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TMI Blog2023 (5) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... lidity of Sections 50, 63 and other provisions of the PMLA, also seeking consequential reliefs which otherwise would tantamount to by-passing the other alternative efficacious forums available to the petitioners under the law. The writ petition stands dismissed as withdrawn with limited liberty. - HON'BLE MS. JUSTICE BELA M. TRIVEDI AND HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA [VACATION BENCH] For the Petitioner : Mr. Siddharth Aggarwal, Sr. Adv., Mr. Nitin Saluja, AOR, Ms. Arshiya Ghosh, Adv., Mr. Harsh Gattani, Adv., Ms. Asmita Bakshi, Adv., Mr. Saahil Mongia, Adv. For the Respondent : Mr. Tushar Mehta, SG, Mr. S.V. Raju, ASG, Mr. Zoheb Hussain, Adv., Mr. Annam Venkatesh, Adv., Mr. Kanu Agarwal, Adv., Mr. M.K. Maroria, AOR ORDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined to observe that despite the Three-Judge Bench decision in the case of Vijay Madanlal Choudhary and Others vs. Union of India and Others (2022 SCC Online SC 929), upholding the vires of various provisions including Sections 50 and 63 of PMLA, a new trend is developed in this Court to file writ petitions under Article 32 of the Constitution of India again challenging the constitutional validity of Sections 50, 63 and other provisions of the PMLA, also seeking consequential reliefs which otherwise would tantamount to by-passing the other alternative efficacious forums available to the petitioners under the law. 5. At this juncture, it is apt to reproduce certain observations made by this Court recently in the case of Y. Balaji Vs. Karthik ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and substance, all the above arguments of Shri Kapil Sibal, learned senior counsel are aimed at convincing us that Vijay Madanlal Choudhary was wrongly decided and that therefore we may refer it to a larger Bench. xxxx 115. Now let us come to the contention revolving around the correctness of some portions of the decision in Vijay Madanlal Choudhary. 116. First of all, we should point out that a notice ordered in the review petition being Review Petition (Crl.) No.219 of 2022, will not destroy or diminish the precedential value of Vijay Madanlal Choudhary. The argument of the learned counsel for the accused, if accepted, will not only destroy the principles of judicial discipline and the doctrine of stare decisis, but also bring to a grind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to be allowed. Accordingly, these appeals are allowed and the order of the Division Bench of the Madras High Court dated 01.09.2022 is set aside. ED will now be entitled to proceed further from the stage at which their hands were tied by the impugned order. 6. We thought it appropriate to reproduce the above observations as similar submissions were sought to be made by the learned counsels appearing in this petition and other similar petitions, when yesterday the same were cursorily heard by the Court. Today, however the learned counsel for the petitioner fairly accepting the above legal position, has sought the permission to withdraw the petition as stated hereinabove. 7. We do not propose to make any further observations as we complete ..... X X X X Extracts X X X X X X X X Extracts X X X X
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