Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2023 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (5) TMI 658 - HC - Money LaunderingViolation of principles of natural justice - Petitioner’s application for right to cross examine witnesses has been rejected - Appealable order or not - Provisional Attachment Order - HELD THAT:- It is now the settled position that the order under challenge being an order passed by the Adjudicating Authority, PMLA is appealable under Section 26 of the PLMA - This provision has been considered by this Court in DR. U.S. AWASTHI VERSUS ADJUDICATING AUTHORITY PMLA & ANR. [2023 (1) TMI 595 - DELHI HIGH COURT] wherein the Court under similar circumstances interpreted the order rejecting application for cross examination passed by the Adjudicating Authority, PMLA as appealable under Section 26 of the PMLA. The Appellate Tribunal, PMLA is currently constituted and is functioning. The impugned order would be appealable to the Appellate Tribunal. Thus, this Court is not inclined to entertain the present writ petition. The Petitioner is relegated to avail of its Appellate remedy in accordance with law. However, this Court would like to specifically note that it appears that the Respondent No. 1 has failed to take into consideration the observations of this Court in the U.S. Awasthi case where the use of such disconcerting language as contained in paragraph 8 of the impugned order, has been frowned upon by this Court. Repeated use of templated paragraphs, as though the principles of Natural Justice are mere rhetoric, is not permissible. The present order shall be treated as a warning to the concerned authority to not use such language, failing which the Court would be constrained to direct action to be taken. The Appellate Tribunal, PMLA shall ensure that the Respondent No. 1. shall abide by the principles of natural justice as also the observations of this Court given in Dr. U.S. Awasthi - The Petitioner is permitted to approach the Appellate Tribunal, PMLA within a period of one month. The period during which the present writ petition was pending shall be deductible from the period of limitation for filing of the appeal - the observations of this Court qua the language of the impugned order used would not have a bearing on the merits of the case. Petition disposed off.
|