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2017 (8) TMI 1012 - AT - Money LaunderingEligibility of hearing officer as a judicial Member - offence under PMLA - Held that:- hearing officer was not a judicial Member - Held that:- The hearing was fixed on 08.06.2015, Monday, despite the 6th June being Saturday. The notice was issued by E-mail. At the request of the appellant, the matter was adjourned to 11th June, 2015. On 11th June, 2015 the application was filed for re-call of order dated 8th June, 2015 and also to file the reply within one week, however no time was granted. The application was dismissed in limine and on the other hand the matter were reserved by the Adjudicating Authority. Left with no option, the appellants aggrieved by the said order dated 11th June, 2015 filed the writ petition before Hon’ble High Court of Karnataka on 16th June, 2015 for recalling of order who passed interim order directed not to pronounce and sign the order if the same has not been pronounced. However, the Adjudicating Authority passed the impugned on 15th June, 2015. Admittedly the officer who have passed the impugned order is not the Judicial officer. We are of the view that the proceedings conducted in violation of principles of natural justice and contrary to the PMLA and Regulation Act, 2013. The appellants were only asking for one week time to file the reply, however the said request was refused. We are of view that once it is held by the Hon’ble Court that the hearing officer was not a judicial Member and was not competent to decide the matter of a party who was one of the defendant in the common OC, the said final judgment has to be applied in favour of other defendants also who are parties to the same OC. For the reasons stated above, all the appeals are allowed. The impugned order is set-aside on the ground of parity only and however not on merit
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