Gauhati High Court
Page No.# 1/14 vs The Union Of India And 3 Ors on 22 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
22.09.2022 Paucity of time did not permit the matters to be taken up today.
As agreed to by the parties, list these matters on 29.09.2022.
Interim order passed earlier stands extended till the next date of listing.
JUDGE Comparing Assistant