Jose Pulikkoden And ANR v. Union Of India And ORS

Shubhada S Kadam 6 wp 3405.2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3405 OF 2022 Jose Pulikkoden and anr.

....Petitioners

Versus

Union of India and ors.

....Respondents Mr. Pulikkoden Jose, Petitioner No.1 in person. Mr. Shreeram Shirsat, Advocate for Respondent No.1. Ms. M. M. Deshmukh, APP for the State.

CORAM : PRASANNA B. VARALE & N. R. BORKAR, JJ.

DATE : 22nd SEPTEMBER, 2022.

P.C. :

1.

Petitioners are before this Court, challenging the provisional attachment order dated 30th March, 2022, passed under Section 5(1) of Prevention of Money Laundering Act, 2002.

2.

Learned counsel appearing for respondent No.1, on instructions, submitted before this Court that the adjudicating authority recently i.e. on 7th September, 2022, confirmed the order of the provisional attachment dated 30th March, 2022. He submitted that against an order of adjudicating authority, there is remedy of appeal and invited our attention to the relevant clause in the order of the adjudicating authority to that effect, which reads as follows: by SHUBHADA SHANKAR KADAM Date:

2022.09.23 15:18:45 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 6 wp 3405.2022.doc "An appeal against this order lies to the Hon'ble Appellate Tribunal, PMLA, New Delhi under section 26 of the PMLA Act. The Appeal may be filed within a period of 45 days from the date of receipt of the order."

As remedy of statutory appeal is available to the petitioners and the petitioners certainly can avail this remedy within the prescribed period of 45 days, we are not inclined to entertain the petition. Thus, by granting liberty to the petitioners to approach the Appellate Tribunal by filing appeal, the petition is disposed of.

3.

If any request for early hearing of the appeal is made by the petitioners/appellants before the Appellate Tribunal, such request shall be considered by the Tribunal on its own merits. With these observations/directions, the petition is disposed of. (N. R. BORKAR, J.) (PRASANNA B. VARALE, J.) 2/2