TMI Blog2023 (2) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings and also there is a possibility of conflicting rulings, which ought to be avoided. The appeals challenging the show cause notice dated 13th July, 2021 and the appeal of the ED challenging the order dated 20th June, 2018 passed by the adjudicating authority shall now be considered together by the Appellate Tribunal - The challenges and the grounds raised against the impugned PAO dated 7th June, 2021 as part of this writ petition shall also be considered by the Appellate Tribunal under the PMLA Act. The Petitioner is thus permitted to approach the PMLA to raise its challenge to the impugned PAO dated 7th June 2021. The Appellate Tribunal would then adjudicate the appeals and pass a decision in accordance with law. Petition d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs submits that the impugned PAO is wholly illegal and without jurisdiction, as the respondents had earlier passed an identical PAO on 04.01.2018 in respect of the same FIR, which provisional attachment was not approved by the Adjudicating Authority, PMLA which, after hearing the parties at length, had come to a categorical conclusion, vide its order dated 20.06.2018, that no case was made out against the petitioner for either generating proceeds of crime or laundering them. He further submits that though the respondent no.1 has assailed the aforesaid order by way of an appeal before the Appellate Tribunal, PMLA, the same has not been stayed. He, therefore, contends that the impugned PAO dated 07.06.2021 is clearly barred by res-judicata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was made out against the Petitioner in respect of generation of proceeds of crime or laundering. The conclusion recorded by the AA in the said order dated 20th June 2018, are extracted below: 10. Conclusion: On a thorough perusal of the PA, Complaint, relied upon documents, the investigations conducted the statements recorded u/s 50 of the PMLA and on careful consideration of the arguments advanced on behalf of the Complainant and Defendants undersigned comes to the prima facie conclusion that the Defendants have neither committed the Scheduled Offence, nor generated proceeds of crime or laundered them. No doubt the properties attached are not proceeds of crime or value thereof and are not involved in money laundering. Undersig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th Mineral Concession Rules, 1960. He submits that this judgment completely absolves the Petitioner of any alleged illegality insofar as the allotment of the coal mine is concerned. 9. Mr. Ahluwalia, ld. CGSC appearing for the ED, submits that the present petition has been filed primarily on the ground that the Appellate Tribunal under the PMLA Act was not constituted and, thus, the Petitioner ought to be relegated to the Appellate Tribunal. His submission is that since the appeal has also been filed challenging the showcause notice issued pursuant to the PAO dated 7th June, 2021, the Appellate Tribunal would now be considering the matter. 10. Heard. A perusal of paragraph 19 of the writ petition would show that the reason why the Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, as was the case of the other allottees. It was the Respondent No. 2 - State Government that had undertaken a diligent exercise to examine the Petitioner's application before recommending its case to the Respondent No. 1 - UOI for grant of the mining lease. Founded on the said recommendations, the Respondent No. 1 - UOI had issued the letter allocating the coal block to the Petitioner and not the other way round. Given the aforesaid position, the Respondent No. 1 - UOI ought not to have included the name of the Petitioner and the coal blocks allotted to it in Annexure - 1 filed before this Court that forms a part of the Second Judgment. Taking the contents of the said Annexures - 1 and 2 filed by the Respondent No. 1 - UOI as true an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Appellate Tribunal in the two appeals which are pending before the said tribunal. Therefore, the entertaining of this writ, at this stage, when the Tribunal stands constituted could result in multiplicity of proceedings and also there is a possibility of conflicting rulings, which ought to be avoided. Directions 14. Accordingly, under these circumstances, it is directed that the appeals challenging the show cause notice dated 13th July, 2021 and the appeal of the ED challenging the order dated 20th June, 2018 passed by the adjudicating authority shall now be considered together by the Appellate Tribunal. In the said proceedings before the Appellate Tribunal, the Petitioner shall place on record the judgment of the Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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