TMI Blog2016 (3) TMI 1416X X X X Extracts X X X X X X X X Extracts X X X X ..... rity, respondent no.3 herein, shall follow Adjudicating Authority (Procedure) Regulations, 2013. Petition disposed off. - SPECIAL CIVIL APPLICATION NO. 10573 of 2015 - - - Dated:- 9-3-2016 - HONOURABLE MR. JUSTICE R.M. CHHAYA MR KAMAL TRIVEDI, SR. ADVOCATE with MR RAKESH GUPTA, ADVOCATE with MR. ABHISHEK M. MEHTA, ADVOCATE for M/S TRIVEDI GUPTA, ADVOCATE for the Petitioner(s)No.12 MR DEVANG VYAS, ADVOCATE for the Respondent(s) No. 1 MS TRUSHA K PATEL, ADVOCATE for the Respondent(s) No.12 NOTICE SERVED BY DS for the Respondent(s) No. 4 ORAL ORDER 1. Heard Mr.Kamal B. Trivedi, learned senior advocate with Mr. Rakesh Gupta, learned advocate with Mr. Abhishek M. Mehta, learned advocate for the petitioners a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (c), refusing to grant cross examination of the officers of the ED, transporters and the competent officers of the recipients of the material supplied by the petitioners who were examined by the ED during the course of investigation, as being grossly violative of principles of natural justice, causing prejudice to the petitioners and being a procedure which is contrary to law and hit by vice of arbitrariness and without application of mind and a procedure which is vitiated in law and the same deserves to be quashed and set aside. (C) Pending admission, hearing and final disposal of present petition, Your Lordships may be pleased to direct, by way of interim relief, staying the further proceedings of complaint 0C No.453/2015 including ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hment passed under Section 5 by the authority below. In the said proceedings, petitioner wanted right to Cross examination and further wanted copies of certain documents. The request of cross examination is refused by the Adjudicating Authority on the ground that the stage under Section 8(6) has not reached and therefore, question of crosse xamination of the witnesses does not arise. It has also refused the request for supply of documents for the reasons stated in the order cumnote on proceedings dated 23rd June, 2015. It was submitted that adjudication under Section 8 is a quasi judicial proceedings. The matter is stated to be posted next on 03rd July, 2015. 3. While the aforesaid facts emerged from the record, considering the submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e merits of the matter. However, by an additional affidavit dated 25.01.2016, the respondent no.2 through the Assistant Director, has made following statement in paras 2 and 3 of the said affidavit 2. The respondents have already filed an affidavit in reply in the above referred matter wherein the appointment of judicial member Shri G.C. Mishra in the Adjudicating Authority, PMLA was pointed out. However, with a view to bring the subsequent development on record, the deponent files present affidavit. 3. It is respectfully submitted that the Government of India vide order dated 07.01.2016 appointed Shri Tushar V Shah, Advocate as Member from the field of law in the Adjudicating Authority. In addition, the Government of India has also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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