Gauhati High Court
Page No.# 1/7 vs The Union Of India And 3 Ors on 19 July, 2022
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/7
GAHC010073102022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2723/2022
CMJ UNIVERSITY AND 14 ORS.
SHILLONG MEGHALAYA, REP. BY CHANCELLOR OF CMJ UNIVERSITY
SWASTI NIWAS CRINOLINE FALLS BARIK, SHILLONG MEGHALAYA
2: CMJ FOUNDATION
REP. BY ITS SECRETARY SRI GOVINDA JHA SWASTI NIWAS CRINOLINE
FALLS BARIK
SHILLONG MEGHALAYA
3: CHANDRA MOHAN JHA
S/O HARI DEV JHA
CHANCELLOR OF CMJ UNIVERSITY SWASTI NIWAS CRINOLINE FALLS
BARIK
SHILLONG MEGHALAYA- 793004
4: INDU RANI JHA
W/O CHANDRA MOHAN JHA
TRUSTEE MEMBER OF CMJ FOUNDATION SWASTI NIWAS CRINOLINE
FALLS BARIK
SHILLONG MEGHALAYA
5: GOVIND JHA
S/O CHANDRA MOHAN JHA
SEC. OF CMJ FOUNDATION SWASTI NIWAS CRINOLINE FALLS BARIK
SHILLONG MEGHALAYA
6: GOPAL JHA
S/O CHANDRA MOHAN JHA
TREASURER OF CMJ FOUNDATION SWASTI NIWAS CRINOLINE FALLS
BARIK
SHILLONG MEGHALAYA
7: THE CHANCELLOR
CMJ UNIVERSITY
Page No.# 2/7
MODERINA MANSION LAITUMKHRAH
SHILLONG
MEGHALAYA
793003
8: THE MANAGING TRUSTEE
CMJ FOUNDATION MODERINA MANSION LAITUMKHRAH
SHILLONG
MEGHALAYA
793003
9: ADITYA JHA (MINOR)
THROUGH HIS FATHER GOPAL JHA SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
10: AKSHAY JHA (MINOR)
THROUGH HIS FATHER GOPAL JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
11: AYSHMAN JHA (MINOR)
THROUGH HIS FATHER GOVINDA JHA SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
12: ADITI JHA (MINOR)
THROUGH HIS FATHER GOVIND JHA SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
13: THE PRINCIPAL OFFICER
NORTH EASTERN INDIA TRUST
THROUGH CHANDRA MOHAN JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
14: THE PRINCIPAL OFFICER
NORTH EASTERN INDIA TRUST
THROUGH CHANDRA MOHAN JHA
SWASTI NIWAS
Page No.# 3/7
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
15: THE DIRECTOR
SHILLONG ENGINEERING AND MANAGEMENT COLLEGE
THROUGH CHANDRA MOHAN JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAY
VERSUS
THE UNION OF INDIA AND 3 ORS.
REP. BY THE SECRETARY, MINISTRY OF FINANCE DEPTT. OF REVENUE
NORTH BLOCK NEW DELHI-110001
2:THE ENFORCEMENT DIRECTORATE
GOVE. OF INDIA
6TH FLOOF
LOKNAYAK BHAWAN
KHAN MARKET
NEW DELHI-110003
3:THE DEPUTY DIRECTOR
ENFORCEMENT DIRECTOR GOVT. OF INDIA
SHILLONG
SUB ZONAL OFFICE ABRI BUILDING LANGKYRDING
MAWPAT
SHILLONG-793012
4:THE ADJUDICATING AUTHORITY
UNDER THE PREVENTION OF MONEY
LAUNDERING ACT
2002
NEW DELH
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : ASSTT.S.G.I.
Page No.# 4/7
Linked Case : WP(C)/3665/2017
CMJ UNIVERSITY and 5 ORS
SHILLONG
MEGHALAYA
REP. BY CHANCELLOR SHRI CHANDRA MOHAN JHA SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
2: CMJ FOUNDATION
REP. BY ITS SECRETARY
SHRI GOVIND JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK
SHILLONG
MEGHALAYA
3: SMT INDU RANI JHA
W/O SHRI CHANDRA MOHAN JHA
TRUSTEE MEMBER OF CMJ FOUNDATION
SWASTI NIWAS
CRINOLINE FALLS
BARIK
SHILLONG
MEGHALAYA
4: SHRI GOPAL JHA
S/O SHRI CHANDRA MOHAN JHA
TREASURER OF CMJ FOUNDATION
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE SECRETARY
MINISTRY OF FINANCE
DEPTT. OF REVENUE
NORTH BLOCK
NEW DELHI-110001
2:THE DIRECTOR OF ENFORCEMENT
GOVT.OF INDIA
Page No.# 5/7
6TH FLOOR
LOKNAYAK BHAWAN
KHAN MARKET NEW DELHI-110003
3:THE JOINT DIRECTOR
ENFORCEMENT DIRECTORATE
GOVT. OF INDIA
GUWAHATI ZONAL OFFICE
HOUSE NO.20
BYE LANE NO.1
RAJGARH ROAD
GUWAHATI-781003
4:THE ASSISTANT DIRECTOR
ENFORCEMENT DIRECTORATE
GOVT. OF INDIA
GUWAHATI ZONAL OFFICE
HOUSE NO.20
BYE LANE NO.1
RAJGARH ROAD
GUWAHATI-781003
------------
Advocate for : MS. J DEKA
Advocate for : C.G.C. appearing for THE UNION OF INDIA and 3 ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
19.07.2022 Heard Ms. VD Makhija, learned Senior Counsel assisted by Shri A Singh, learned counsel for the petitioners. Also heard Shri RKD Choudhury, learned ASGI for all the respondents.
The learned Senior Counsel for the petitioners has submitted that in WP(C)/3665/2017, the order of the provisional attachment is the subject matter of challenge and this Court has passed orders of interim protection subject to the condition of depositing sufficient securities. Ms. Makhija, learned Senior Counsel has referred to the orders dated 27.02.2018 and 31.01.2018 of this Court by which a satisfaction was recorded on the furnishing of the securities.
After further investigation, the present demand is for an amount of Rs.
Page No.# 6/7 14,20,00,000/- approximately which has been communicated vide an order dated 30.11.2021. Though IA(C)/2000/2021 was initially filed in the existing WP(C)/3665/2017 against the said action, subsequently, WP(C)/2723/2022 has been filed making a substantive challenge to the subsequent action.
The learned Senior Counsel for the petitioners submits that since this Court had come to an opinion that the matter needs deliberation and had also passed an interim protection, a similar direction be passed in the present writ petition as subsequent actions pursuant to the impugned communication dated 30.11.2021 is under contemplation. It is further submitted that the securities furnished would very well meet the amount involved in the communication dated 30.11.2021 and therefore, further coercive action may not be taken pursuant to the impugned communication.
On the other hand, Shri Choudhury, learned ASGI submits that the subsequent communication dated 30.11.2021 has been made after further investigation wherein new materials have come to light and therefore, there may not be any, per se application of the earlier interim order passed in WP(C)/3665/2017.
The aforesaid submission is, however, refuted by the learned Senior Counsel for the petitioners by submitting that the further investigation itself is a part of the subject of challenge and on principle, the demand contained in the impugned order is similar to the same grounds on which the earlier demands were made.
At this stage, Shri Choudhury, learned ASGI submits that he would require sometime to take instructions on the matter of securities presented before this Court and as to whether the said option is a viable one.
The matter, accordingly stands adjourned to be taken up on 21.07.2022 for consideration of passing of interim order in WP(C)/2723/2022.
Subject to the order that may be passed on that date, both the writ petitions are directed to be listed for final hearing on 23.08.2022.
Page No.# 7/7 Since the subject matter is of the year 2017, parties are given liberty to make a mention for upgrading the matter.
JUDGE Comparing Assistant