Gauhati High Court
Page No.# 1/14 vs The Union Of India And 3 Ors on 12 September, 2022
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/14
GAHC010152732022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2262/2022
CMJ UNIVERSITY AND 14 ORS.
SHILLONG MEGHALAYA, REPRESENTED 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
Page No.# 2/14
CMJ UNIVERSITY
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
Page No.# 3/14
SWASTI NIWAS
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.
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
DEPARTMENT 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 : SC, ED
Page No.# 4/14
Linked Case : 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
MODERINA MANSION LAITUMKHRAH
SHILLONG
MEGHALAYA
793003
8: THE MANAGING TRUSTEE
CMJ FOUNDATION MODERINA MANSION LAITUMKHRAH
SHILLONG
Page No.# 5/14
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
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
15: THE DIRECTOR
SHILLONG ENGINEERING AND MANAGEMENT COLLEGE
THROUGH CHANDRA MOHAN JHA
SWASTI NIWAS
Page No.# 6/14
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 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 DELHI
------------
Advocate for : MR. B D KONWAR SR. ADV.
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS.
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
Page No.# 7/14
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 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
BARIK
Page No.# 8/14
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
Page No.# 9/14
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
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
Page No.# 10/14
Linked Case : I.A.(Civil)/122/2021
CMJ UNIVERSITY AND 3 ORS.
SHILLONG
MEGHALAYA
REP. BY THE 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 SECY.
MINISTRY OF FINANCE
DEPTT. OF REVENUE
NORTH BLOCK
NEW DELHI-110001
Page No.# 11/14
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 : 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
Page No.# 12/14
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
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
Page No.# 13/14
Advocate for : MR. B D KONWAR SR. ADV. appearing for CMJ UNIVERSITY AND
3 ORS
Linked Case : 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
MEGHALAYA
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE SECRETARY
MINISTRY OF FINANCE
DEPTT. OF REVENUE
NORTH BLOCK
Page No.# 14/14
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 : BHSKAR DEV KONWAR
Advocate for : MS. A GAYAN appearing for THE UNION OF INDIA and 3 ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
12-09-2022 On the request of Shri R.K.D. Choudhury, learned Asstt.S.G.I., list these matters tomorrow i.e. 13.09.2022 to enable him to produce the original records.
JUDGE Comparing Assistant