TMI Blog2022 (12) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... D., KP SANGHVI AND SONS LLP ANR., SHRI VISHWANATH OVERSEAS, PARAS IMPO EXPO PVT. LTD., ALOK INDUSTRIES LIMITED, S.N. KAPOOR EXPORTS, M/S. HAMILTON HOUSEWARES PVT. LTD., SNB ENTERPRISES PVT. LTD., ORBIT EXPORTS LTD., SHANTIVIJAY JEWELS LTD., MAXIS INDUSTRIES, M/S. BLOSSOM FABRICS LIMITED, PROMPT INTERNATIONAL, M/S. MAYA TRADES, EASTMAN INDUSTRIES LIMITED, M/S. SUPRINT TEXTILES JAIPUR PVT. LTD., M/S. SUKU INNOVATIVES VERSUS DIRECTORATE OF ENFORCEMENT ANR., UNION OF INDIA ANR. [ 2021 (10) TMI 1176 - DELHI HIGH COURT ]. An inspection of all the original documents constituting the RUDs be given to the Petitioner or two representatives of the Petitioner, including a counsel, on 22nd December, 2022 at 11:00 a.m. - For the purposes of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2022 was passed by the Directorate of Enforcement ( ED ) against the Petitioner, whereby movable/immovable properties, belonging to the Petitioner, his HUF and his son, valued at Rs.14,50,74,558/-, were attached by the ED. Subsequently, on 31st August, 2022, the ED filed the Original Complaint in the matter concerning the impugned provisional attachment order, before the Respondent Adjudicating Authority. On 22nd September, 2022, a show cause notice was issued against the Petitioner by the Adjudicating Authority. The said show cause notice was stated to have been deliberated on 30th September, 2022, and the Petitioner was directed to file its reply to the Original Complaint by or before 4th November, 2022. It is the submission of the Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well as PDF Format or on or before 20.11.2022. You are also required to file the reply simultaneously on the email of the Complainant (dddlzoi3- ed@gov.in). It is also made clear that filling of the soft copy of reply in the MS Word as well as PDF Format is not a substitute for filling of reply in hard copy. Therefore, a reply in hard copy along with the copy of the email regarding submission of reply in soft format must be sent to the authority as well as to the Complainant so as to reach them on or before 10th day of the submission of reply on email as aforesaid. In view of the time limitation involved, non-adherence to time schedule may result in non-placement of submission on record. Further, on receipt of reply by the Defendant on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant paragraphs from the said judgment are extracted below: 81. A conjoint reading of Section 8(1) of the PMLA and Regulation 13(2) of the Adjudicating Authority (Procedure) Regulations, 2013, leave no doubt that the Adjudicating Authority is duty bound to serve all the documents, that it has relied upon i.e., RUDs, while coming to its reason to believe to the party concerned, in abound paper book. 82. The said service of documents can be effected through the ED and the Adjudicating Authority has to ensure that the said service has been effected. A simple service of the show cause notice, without the RUDs would not be sufficient. The 30-day period notice would naturally have to be thus counted from the date when the comple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner, including a counsel, on 22nd December, 2022 at 11:00 a.m. ii. For the purposes of the said inspection, the Petitioner or the representatives of the Petitioner shall visit the office of the ED on the said date, and have a meeting with Mr. Amit Monga, the Investigating Officer [M:9911914869]. iii. The Petitioner or his representatives shall inspect the original documents and obtain copies of the same, if they so require. It is made clear that the Petitioner or his representatives shall not be made to wait indefinitely in the office of the ED for the purposes of the inspection. 10. Upon the copies of the RUDs being supplied to the Petitioner or his representatives, after inspection, the reply to the Original Complain ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
