Case Law Details
Syed Adeel Shah Vs Directorate of Enforcement (Jammu and Kashmir High Court)
It appears that in an earlier round of litigation wherein the appellants had challenged the notice issued by the respondents under Section 8(4) of the PMLA Act, learned writ court had declined to grant indulgence in favour of the appellants and the writ petition came to be dismissed vide judgment and order dated 18.10.2022 passed in WP(C) No. 2270/2022. The said judgment was challenged by the appellant by way of LPA before this Court and the same was also dismissed by a Division Bench of this Court by observing that the appellants cannot bypass the remedy of appeal by invoking writ jurisdiction of this Court simply by laying challenge to the proceedings which are essentially offshoot of the order passed by the Adjudicating Authority which is appealable under Section 26 of the PMLA Act. It was further observed that if at all the appellants apprehend immediate action against them by the respondents, which apprehension is borne out from the record, it is open to them to immediately approach the Appellate Authority and persuade the said Authority to stay the impugned order of attachment. It seems that at the time when the appeal was heard by the Appellate Tribunal, the aforesaid judgment of the Division Bench was not brought to the notice of the learned Tribunal by the appellants. This is clear from a perusal of the impugned order.
5) In the above circumstances, this appeal is disposed of with a direction to the Appellate Tribunal to hear the application of the appellants for staying the order of Adjudicating Authority urgently in light of observations made by Division Bench of this Court in the aforesaid judgment. The learned Tribunal would do well to accord consideration to the prayer of the appellant on next date of hearing itself i.e, on 02.11.2022.
FULL TEXT OF THE JUDGMENT/ORDER OF JAMMU & KASHMIR HIGH COURT
For the reasons stated in the application, the same is allowed and the requirement of filing certified copy judgment dated 18.10.2022, for the time being is dispensed with. However, the appellant shall file the same as and when the same becomes available to him.
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