TMI Blog2022 (12) TMI 1198X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent/ Adjudicating Authority will not be in a position to pass an order in terms of Section 8(3) of the Act. Therefore, no prejudice would be caused to 2nd respondent. For the purpose of computing the time period of 180 days, the period during which the proceedings were extended shall be excluded in terms of proviso 3 to Section 5 of the Act - It is relevant to note that this Court vide Common order dated 10.08.2022 in W.P.No.30753 of 2022 granted two months time to submit explanation to the show cause notice dated 22.04.2022 issued in respect of PAO therein. There is no challenge the said order and it attained finality. There is no allegation that petitioners did not comply with the said order. This court is also inclined to extend time to the petitioners - this Writ Petition is disposed of granting two months time from today to the petitioners to submit their explanation/reply to the show cause notice dated 19.09.2022. - WRIT PETITION No. 45443 OF 2022 - - - Dated:- 22-12-2022 - HON BLE SRI JUSTICE K. LAKSHMAN Petitioner Advocate : Avinash Desai Respondent Advocate : Gadi Praveen Kumar Dy. Solicitor General Of India ORDER: This writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the said original complaint. The show cause notice along with original complaint and relied upon documents were served upon various defendants, including the petitioners herein, on 09.05.2022 by hand. The same were also duly served on Sri C.Parthasarathy in Chanchalguda Jail premises in hard as well as soft copy on 10.05.2022. The due date of compliance as per the show cause notice dated 22.04.2022 was 05.06.2022. 5. The petitioners herein had filed a writ petition vide W.P.No.27051 of 2022 seeking extension of time to submit reply to the said show cause notice. This Court, vide order dated 28.06.2022 granted extension of one month time to the petitioners to prepare a reply to the said show cause notice. The said one month time granted by this Court was expired on 27.07.2022. Thereafter, the petitioners herein have filed the writ petition vide W.P.No.30753 of 2022 seeking extension of two months time to submit the reply to the said show cause notice and also to exclude the said two months time from the computation of 180 days under Section 5(3) of the Act on the on several grounds therein. This Court vide order dated 10.08.2022 granted further two months from 10.08.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd he has to collect information with regard to the same as 5000 pages of documents were furnished. Several cases were registered against him. He was released on bail on 25.06.2022 itself. In compliance of the conditions imposed by the concerned Courts in bail orders, he has to appear before the respective Investigating Officers 4 days in a week including one day in Bangalore. His health condition is very bad. He has to go through the same, collect information and submit effective reply. 2nd respondent illegally initiated proceedings under the PMLA Act and filed the said original complaint against the petitioners herein, without there being a scheduled offence under the PMLA Act and without a complaint from Laxmi Vilas Bank presuming that Karvy Group of Entities took loans from said Laxmi Vilas Bank. 1st respondent without considering the fact that the petitioners are making hectic efforts to submit reply to the show cause notice dated 22.04.2022 in Original Complaint No.1680 of 2022, directed the petitioners to file their replies to the present show cause notice also on or before 01.11.2022. 1st respondent has no jurisdiction to issue the said show cause notice dated 19.09.2022. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in M/s Vikas WSP Ltd. Vs. Directorate Enforcement W.P.(C).No.3551 of 2020 and 12626 of 2020, dated 18.11.2020. In the said case, the Delhi High Court, accepting the said contention of 2nd respondent/Investigating Agency observed that the Adjudicating Authority would be rendered functus officio after expiry of the period of 180 days and could not proceed with the original complaint pending before it. 12. It is relevant to note that, vide order dated 28.06.2022 in W.P.No.27051 of 2022, this Court considering the provisions of the Act, contentions of the parties including the principle laid down by Delhi High Court in the aforesaid judgment held that the facts of the said case are different to the facts in W.P.No.27051 of 2022, as such the said judgment is not applicable to the facts in W.P.No.27051 of 2022 and the said decision is not helpful to the respondent Department. With the said findings, this Court has granted one month time to the petitioners herein to prepare a proper response to the impugned show cause notice. In W.P.No.30753 of 2022, this Court vide order dated 10.08.2022 granted further two months from 10.08.2022 to the petitioners therein to submit the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. ii) The petitioners have sought extension of time and therefore, vide e-mail dated 24.06.2022, 1st respondent has granted additional time of one week to the petitioners to submit their reply on or before 28.06.2022. Even then, they have not submitted their reply. Instead, they have filed the above said writ petitions. iii) This Court has granted one month time to submit reply to the petitioners and even then they have not submitted reply. On the other hand, they are seeking extension of time without mentioning satisfactory reasons and therefore, they are trying to delay the adjudicating process which is time bound. iv) They have assistance of lawyers, Chartered Accountants, employees and access to the case documents. Even then, instead of submitting reply to the said show cause notice, they are intentionally seeking time. v) Show Cause Notice, dated 19.09.2022 was served on 29.09.2022 granting 30 days time to submit explanation. The same was extended from time to time. Vide e-mail dated 29.10.2022 time was extended by two weeks which was expired by 14.11.2022. They have not submitted any reply. Now they are seeking two months time to submit explanation whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uting the time period of 180 days, the period during which the proceedings were extended shall be excluded in terms of proviso 3 to Section 5 of the Act. 19. it is relevant to note that this Court vide Common order dated 10.08.2022 in W.P.No.30753 of 2022 granted two months time to submit explanation to the show cause notice dated 22.04.2022 issued in respect of PAO therein. There is no challenge the said order and it attained finality. There is no allegation that petitioners did not comply with the said order. 20. In view of the above said discussion, this court is also inclined to extend time to the petitioners. 21. In view of the above discussion, this Writ Petition is disposed of granting two months time from today to the petitioners to submit their explanation/reply to the show cause notice dated 19.09.2022. However, it is made clear that the petitioners herein shall not seek further extension of time and they shall submit explanation/reply within the said extended period of two months by keeping in view the object and legislative intent of Section 8 of the Act, that the adjudicating process is time bound. It is relevant to note that for the purpose of computing the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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