Gauhati High Court
Page No. 1/9 vs The Union Of India And 3 Ors on 3 December, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/9
GAHC010197882021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2000/2021
CMJ UNIVERSITY and 3 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
MEGHALAY
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE SECRETARY, MINISTRY OF FINANCE, DEPTT. OF REVENUE,
Page No. 2/9
NORTH BLOCK, NEW DELHI-110001
2:THE DIRECTOR OF ENFORCEMENT
GOVT.OF INDIA
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-78100
Advocate for the Petitioner : BHSKAR DEV KONWAR
Advocate for the Respondent : MS. A GAYAN
Linked Case : I.A.(Civil)/3652/2019
THE UNION OF INDIA AND 3 ORS
REPRESENTED BY THE SECY. MINISTRY OF FINANCE
DEPTT. OF REVENUE
NORTH BLOCK
NEW DELHI 110001
2: THE DIRECTOR OF ENFORCEMENT
GOVT. OF INDIA
6TH FLOOR
LOKNAYAK BHAWAN
KHAN MARKET
NEW DELHI 110003
3: THE JOINT DIRECTOR
ENFORCEMENT DIRECTORATE
Page No. 3/9
GOVT. OF INDIA
GUWAHATI ZONAL OFFICE
HOUSE NO. 20
BYE LANE NO. 1 RAJGARH ROAD
GUWAHATI 781003
4: THE ASSTT. DIRECTOR
ENFORCEMENT DIRECTORATE
GOVT. OF INDIA
GUWAHATI ZONAL OFFICE
HOUSE NO. 20 BYE LANE NO. 1
RAJGARH ROAD
GUWAHATI 781003
VERSUS
CMJ UNIVERSITY AND 3 ORS
SHILLONG
MEGHALAYA
REPRESENTED BY CHANCELLOR OF CMJ UNIVERSITY
SWASTI NIWAS
CRINOLINE FALLS
BARIK
SHILLONG MEGHALAYA
2:CMJ FOUNDATION
REPRESENTED BY ITS SECY. SRI GOVIND JHA
SWASTI NIWAS
CHRIOLINE FALLS
BARIK
SHILLONG
MEGHALAYA
3:SMTI INDU RANI JHA
W/O SHRI CHANDRA MOHAN JHA TRUSTEE MEMBER OF CMJ
FOUNDATION
SWASTI NIWAS
CRIOLINE FALLS
BARIK
BARIK
SHILLONG
MEGHALAYA
4:GOPAL JHA
S/O SRI CHANDRA MOHAN JHA
TREASURER OF CMJ FOUNDATION
SWASTI NIWAS
CRINOLINE FALLS
Page No. 4/9
BARIK
SHILLONG
MEGHALAYA
Advocate for : MRS. A GAYAN
Advocate for : MS. J DEKA appearing for CMJ UNIVERSITY AND 3 ORS
Linked Case : I.A.(Civil)/3021/2017
THE UNION OF INDIA and 3 ORS
VERSUS
CMJ UNIVERSITY and 3 ORS
Advocate for : C.G.C.
Advocate for : MS.J DEKA appearing for CMJ UNIVERSITY and 3 ORS
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
Page No. 5/9
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
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
Linked Case : I.A.(Civil)/122/2021
CMJ UNIVERSITY AND 3 ORS.
SHILLONG
MEGHALAYA
REP. BY THE CHANCELLOR SHRI CHANDRA MOHAN JHA
Page No. 6/9
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 SECY.
MINISTRY OF FINANCE
DEPTT. OF REVENUE
NORTH BLOCK
NEW DELHI-110001
2:THE DIRECTOR OF ENFORCEMENT
GOVT.OF INDIA
6TH FLOOR
LOKNAYAK BHAWAN
KHAN MARKET NEW DELHI-110003
3:THE JOINT DIRECTOR
ENFORCEMENT DIRECTORATE
Page No. 7/9
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 : MR B D KONWAR
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS.
Linked Case : I.A.(Civil)/1398/2021
THE UNION OF INDIA 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
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
Page No. 8/9
BYE LANE NO.1
RAJGARH ROAD
GUWAHATI-781003
VERSUS
CMJ UNIVERSITY AND 3 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
Advocate for : MRS. A GAYAN
Advocate for : MR. B D KONWAR SR. ADV. appearing for CMJ UNIVERSITY AND
3 ORS
Page No. 9/9
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 03.12.2021 Ms. V.D. Makhija, learned Senior Counsel assisted by Mr. J. Singh, learned counsel for the petitioners has submitted that an interlocutory application, I.A.(Civil)/2000/2021 is also listed together with the writ petition. The said interlocutory application has been filed against an order of the respondent authorities freezing the account of the petitioners, despite an interim order is in operation.
On the other hand, Ms. A. Gayan, learned Central Government Counsel [CGC] has submitted that the other interlocutory application, I.A.(C)/1398/2021 has been filed seeking vacation of an order dated 04.12.2020.
In view of the paucity of time the matters could not be taken up today, list these matters on 13.12.2021.
Interim order, if any, stands extended till the next date of listing.
JUDGE Comparing Assistant