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UDAY NAVINCHANDRA SANGANI & 8 Versus UNION OF INDIA & 3

2016 (4) TMI 1301 - GUJARAT HIGH COURT

Offence under PMLA - Adjudicating Authority was not composed as required under Section 6(1) of the Act as it had only one member, therefore was corum non judice - Held that:- As during the pendency of the present petition, by virtue of order dated 09.09.2015 filed on behalf of the authority concerned, the Court clarified with regard to the interim order providing that the provisional attachment will not expire after 180 days as the petition was pending and the relief was in operation. - Now, .....

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t is clarified that this Court has not expressed any opinion on merits. The Adjudicating Authority shall consider the matter on its merits and in accordance with law. The parties are at liberty to raise all contentions including in respect of show-cause notice as may be permissible in law and the Adjudicating Authority shall deal with the same on its merits and decide the matter. - SPECIAL CIVIL APPLICATION NO. 10076 of 2015 - Dated:- 1-4-2016 - HONOURABLE MR.JUSTICE N.V.ANJARIA MR KUNAL M BHA .....

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notice dated 24.04.2015 issued to the petitioners by the Adjudicating Authority functioning under the provisions of the Money Laundering Act, 2002. The notice was issued pursuant to the order passed under Section 5(1) of the Act by the Deputy Director, Directorate of Enforcement, provisionally attaching the properties. As required under the provisions of the Act, the matter was thereafter before the Adjudicating Authority, which issued the show-cause notice in question. 3. The principal contenti .....

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r proceedings by the Adjudicating Authority. 5. Thereafter, the respondent authority appeared and filed their reply. 6. Today, when the petition came up for hearing, learned advocate for respondent No.1 submitted to point out from additional affidavit-in-reply filed by Assistant Director, Directorate of Enforcement Department, Revenue Department, Ministry of Finance that the Adjudicating Authority was thereafter duly composed and constituted. The members were already appointed and Section 6 of t .....

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