Bombay High Court
Shiv Charan vs Adjudicating Authority on 25 July, 2023
Author: M.M. Sathaye
Bench: B. P. Colabawalla, M.M. Sathaye
5-WP(L)-9943-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 9943 OF 2023
Shiv Charan & Others. ...Petitioners
Versus
Adjudicating Authority and Anr. ...Respondents
Mr. Ishwar Nankani, Sr. Counsel a/w. Ms. Akanksha Saxena
i/by Aniruth Puruyathman & Parth Shah, Advocates for
Petitioner.
Mr. Ashish Chavan a/w Zishan Quazi & Manoj Borkar,
Advocates for Respondent.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : JULY 25, 2023 P. C.
1. The above Petition raises an interesting question on the interpretation of Section 32-A of the Insolvency and Bankruptcy Code, 2016. The learned Advocate appearing on behalf of the Respondent Nos. 1 and 2 (the Adjudicating Authority under the Prevention of Money Laundering Act, 2002, and the Deputy Director, Directorate of Enforcement) raises a preliminary objection to the maintainability of the present Writ Petition.
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2. He submits that the reliefs sought in the present Writ Petition seeking inter alia to raise the attachment levied by the Enforcement Directorate under Section 5 and Section 8 of the PMLA Act, 2002. He submitted that the proceedings under the PMLA Act, 2002 are criminal proceedings and therefore, if any party is aggrieved by any attachment levied under the said Act, that party, if at all, would have to file a Criminal Writ Petition, and not a Writ Petition on the civil side. He submitted that in order to bring the provisional attachment order as well as the final attachment order on record, as well as to oppose the reliefs sought in the above Writ Petition, Respondent Nos. 1 and 2 be given some time to file an Affidavit-in-reply.
3. Acceding to the request of Respondent Nos. 1 and 2, it is directed that they shall file their Affidavit-in-reply in the above Writ Petition on or before 17th August, 2023 and serve a copy of the same on the advocates for the Petitioners. If the Petitioners want to file any Affidavit-in-rejoinder they may do so on or before 24th August, 2023 and serve a copy of the same on the Advocates for Respondent Nos. 1 and 2.
4. Place the above Writ Petition on 31st August, 2023. Page 2 of 3
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5. This order will be digitally signed by the Private Secretary/ TALLE SHUBHAM Personal Assistant of this Court. All concerned will act on production by ASHOKRAO Digitally signed by fax or email of a digitally signed copy of this order. TALLE SHUBHAM ASHOKRAO Date: 2023.07.26 17:41:52 +0530 [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] Page 3 of 3 JULY 25, 2023 Shubham Talle ::: Uploaded on - 26/07/2023 ::: Downloaded on - 27/07/2023 04:29:16 :::