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2021 (8) TMI 1242

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..... Search seizure operations - while issuing the show cause, the reasons to believe was not provided - HELD THAT:- It is considered appropriate to direct the ld. counsels appearing for the ED to seek instructions as to whether they can provide the requisite documents to the Petitioners - If any of the documents are available with the ED, the same shall be placed on record in a sealed cover with the Court on 20th August, 2021. If any of the documents are not available with the ED, the Court shall be informed accordingly. List this matter for further hearing on 23rd August, 2021. - W.P.(C) 5235/2020 & CM APPL. 18868/2020, W.P.(C) 2331/2021 & CM APPL. 6785/2021, W.P.(C) 4680/2021 & CM APPL. 14443/2021, W.P.(C) 5424/2020 & CM APPL. 1957 .....

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..... an Gupta, Advocates, Mr. Gaurav Gupta Mr. Samyak Gangwal, Advocates. For the Respondents : Mr. Ravi Prakash, CGSC with Mr., Farman Ali, Mr. Mohammad Shahan Ulla Mr. Kaushal Kait, Advocates., Mr. Abhay Prakash Sahay, CGSC with Ms. Mannu Singh, Mr. Kunal Dhawan and Mr. Vivek Singh, Advocates., Mr. Amit Mahajan, CGSC with Ms. Ananya Khanna, Advocate for ED., Mr. Ajay Digpaul, CGSC with Mr. Kamal R. Digpaul, for UOI., Mr. Amit Mahajan, CGSC with Ms. Ananya Khanna, Advocate for ED., Mr. Deepak Singh, Adv. for ICCI Bank., Mr. Amit Mahajan, CGSC with Ms. Ananya Khanna, Advocate for ED., Mr. Ravi Prakash, CGSC with Mr., Farman Ali, Mr. Mohammad Shahan Ulla Mr. Kaushal Kait, Advocates., Mr. Ravi Prakash, CGSC with Mr., Farman Ali, Mr. Mo .....

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..... neiro, Brazil which directed freezing of assets including in the accounts of the Petitioners. Pursuant to the said request by the Brazilian authorities, the Respondent- ED took steps to conduct search and seizure operations and also froze multiple bank accounts of all of the present Petitioners. The matter was then elevated to the Adjudicating Authority, which issued a show-cause notice to the Petitioners, under Section 8(1) of the PMLA. However, along with the show cause notice, the Relied upon documents (hereinafter `RUDs ), were not supplied to the Petitioners. The Petitioners repeatedly sought inspection and copies of the said documents, however, according to them, none of the documents were supplied, except for the panchanama. Thereaft .....

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..... 6. The present writ petitions have been heard by this court from time to time. Submissions have been made and on behalf of the Petitioners and Respondents, in part. 7. However, before, proceeding further in these matters it is considered appropriate to direct the ld. counsels appearing for the ED to seek instructions as to whether they can provide the requisite documents to the Petitioners, the details of which are as hereinunder: i. The reasons to believe submitted by the ED to the Adjudicating Authority under Section 17 of the PMLA; ii. The reasons to believe recorded by the adjudicating authority under Section 8(1) of the PMLA; iii. Copy of the application filed by the Brazilian Investigation Agency before the 7th Fed .....

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