TMI Blog2022 (10) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... of the above and permit the appellants to file affidavit-in-opposition within two working weeks from today before the learned Single Judge in WPA 17454 of 2022 and thereafter, affidavit-in-reply be filed within two working weeks - appeal disposed off. - MAT 1446 OF 2022 WITH CAN 1 OF 2022 - - - Dated:- 28-9-2022 - HON BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA, AND HON BLE JUSTICE SUGATO MAJUMDAR, JUDGE Present:- Mr. Vipul Kundalia, Ms. Anamika Pandey, Mr. Anurag Roy, Ms. Uneaza Ali, Advocates... for the Apppellants Mr. Siddharth Agarwal, Mr. Siddhartha Datta, Ms. Smriti Sinha, Mr. Ayan Bhattacharya, Ms. Sutapa Ganguly, Mr. Sakabda Roy, Ms. Trisha Mukherjee, Advocates... for the Respondents Prakash Shrivastava, CJ: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. He has referred to the reasons to believe recorded for retention of the property under Section 20 of the PMLA filed on page 163 of CAN 1 of 2022. Referring to the documents dated 20th of July, 2022 relating to retention of property under Sub-Section (1) of Section 20 of the PMLA (page 165 of CAN 1 of 2022), he has pointed out that the adjudicating authority was duly intimated about reasons to believe for the searches conducted on 13th of July, 2022 as per Section 17(2) of the PMLA by the communication dated 15th of July, 2022. He has submitted that there is no requirement under Section 17 of the PMLA to supply the reasons to believe to the writ petitioner or to mention the same in the freezing order. He has referred to the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d reliance upon order of the Hon ble Supreme Court dated 14th of December, 2015 passed in Transfer Petition (C) No. 832-854 of 2015 and has submitted that further proceedings in the petitioners earlier cases have been stayed by the Hon ble Supreme Court. He has also submitted that for the year 2011-12, High Court had stayed the proceedings in RC No. 0102014A0015 dated 14th of June, 2014 under Sections 120B/420 of the IPC by order dated 4 th of April, 2017 passed in CRR No. 1089 of 2017 and the said order of stay is continuing till now. In support of the reasoning given by the learned Single Judge, he has placed reliance upon the judgments of the Allahabad High Court in the matter of Motilal and Others vs. Preventive Intelligence Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the respondent (writ petitioner) has fairly stated that in compliance of the order of the learned Single Judge, the accounts in question have been defreezed but the amount is still lying intact in those accounts. 10. We find that learned Single Judge has only examined the issue of stay of defreezing order. The prayer (a) in the writ petition relating to quashing of ECIR being No. ECIR/KLZO/06/2012 has not been considered or granted by the learned Single Judge, therefore, we are of the opinion that the appeal is maintainable as learned Single Judge has not exercised the criminal jurisdiction. 11. Considering the nature of controversy involved in the matter, we find that the appellants are entitled to an opportunity before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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