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VISHAL EXPORT OVERSEAS LTD & 1 Versus UNION OF INDIA & 4

2016 (3) TMI 1280 - GUJARAT HIGH COURT

Non-availability of the member in Adjudicating Authority - Held that:- It deserves to be noted that the said contention was raised at the time of admission and issuance of notice wherein this Court has in the order, referred to Regulation 16 of the Adjudicating Authority (Procedure) Regulations, 2013 and more particularly as regards inspection. - In view of the aforesaid statement made in the Affidavit in reply filed by the concerned respondent, the present petition is disposed of and the le .....

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s which are pending before the adjudicating authority and the authority shall decide the same in accordance with law. As far as order dated 17.12.2015 is concerned, the time taken before this Court shall not be taken into reckoning 180 days, as pointed out by Ms.Patel, learned Central Government counsel, that the provisional attachment order is dated 30.06.2014. The petition stands disposed of accordingly. Notice discharged - SPECIAL CIVIL APPLICATION NO. 13949 of 2014 - Dated:- 9-3-2016 - HONOU .....

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ned Central Government counsel for respondents no.1, 2 and 3 and Ms.S.K. Vishen, learned counsel for respondents no.4 & 5. 2. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs 13 ( A) Your Lordships may be pleased to issue a writ of mandamus and/or writ in the nature of mandamus or a writ of certiorari and/or a writ in the nature or certiorari or any other appropriate writ, order or direction quashing and setting asi .....

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e preliminary objections/contentions regarding lack of jurisdiction of the respondent No.3 adjudicating authority as raised by the petitioners and directing the petitioners to proceed on merits without deciding the preliminary objections/contentions regarding jurisdiction of the respondent No.3 adjudicating authority and (c) further orally directing that the petitioners are not entitled to receive the written response/counter of the respondent No.2 complainant and to proceed with the hearing on .....

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the further proceedings of complaint OC No.340/2014 (Annexure-C) including show cause notice dated 30.7.2014 (AnnexureB), pending before the respondent No.3 adjudicating authority; (D) Pending admission, hearing and final disposal of present petition, Your Lordships may be pleased to direct respondent no.3 Adjudicating Authority- (i) to grant inspection of the record. as demanded vide application dated 16.94.2014 and required by regulation 16 of the Regulations, (ii) to give a copy of the reply .....

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far as contentions raised in the petition are concerned, the learned senior counsel appearing for the petitioners asserts that main and primary contention was that the authority was not properly constituted. It deserves to be noted that this Court had passed the following order on 07.10.2014 1. Heard Mr. Kamal B. Trivedi, learned Senior Advocate with Mr. Rakesh Gupta with Mr. Abhishek Mehta, learned advocates for the petitioners. Mr. Mehta shall serve an advance copy upon learned Assistant Solic .....

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g authority is seized with the matter, this Court would be slow in exercising its jurisdiction under Article 226 of the Constitution of India. However, in light of the submissions made by Mr. Trivedi, NOTICE returnable on 10.11.2014. Mr. Trivedi has pointed out that the matter is listed before the adjudicating authority on 10.10.2014. Considering the issue involved, the proceedings before the adjudicating authority shall be adjourned on an application that may be submitted by the petitioners, be .....

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os.2 and 3, it needs to be clarified that this Court vide order dated 07.10.2014 granted interim relief, which is as under: Considering the issue involved, the proceedings before the adjudicating authority shall be adjourned on an application that may be submitted by the petitioners beyond 15.11.2014. Respondent Nos.1 and 2 shall respond to the petition more particularly the prayer prayed for in para 13(D) before the returnable date. Direct Service is permitted today. The aforesaid order is cont .....

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petition, the petitioner has mainly raised grievance with regard to non-availability of the member in Adjudicating Authority. The principal contention on part of the petitioner is to the effect that the sole member cannot function as the Prevention of Money Laundering Act,2002 (here in after referred to as PMLA for short) contemplates the adjudication by a Bench . In response to the said principal contention, it is submitted that the Government of India has already appointed Mr. G. C. Mishra as .....

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