Mstc Ltd v. Directorate Of Enforcement And ANR

Satish Sangar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SATISH RAMCHANDRA SANGAR CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR Date: 2022.09.15 10:31:13 +0530 CRIMINAL WRIT PETITION NO. 2525 OF 2022 Mstc Ltd ... Petitioner

Versus

Directorate of Enforcement & Anr ... Respondents Mr. Manoj S. Mohite - Senior Advocate a/w Mr.Aditya Chitale and Prathmaesh Bhosle i/b.

MNSQ Legal, for the Petitioner.

Mr. H.S.Venegaonkar, for Respondent No.1Directorate of Enforcement. Mrs. P.P.Shinde, APP for the Respondent No.2State.

CORAM:

M.S. SONAK & N.R. BORKAR, JJ.

DATED :

P.C.:

1.

Heard Mr.Manoj Mohite, learned Senior Advocate for the Petitioner instructed by MNSQ Legal and Mr.Hiten Venegaonkar, Standing Counsel for the Enforcement Directorate.

2.

By this Petition under Articles 226 and 227 of the Constitution of India, the Petitioner which is a Public Sector Undertaking, had sought for release of certain amounts recovered by the Enforcement Directorate as specified in Prayer Clause (a) of the Petition.

3.

Mr.Mohite, learned Senior Counsel appearing for the Petitioner however, fairly point out that a similar Application for release, has been made before the Special Court (PMLA). He further point out that the Application is pending since last 4 years and therefore, the Petitioner would be satisfied if suitable directions are issued for the expeditious disposal of that Application within a time bound manner.

4.

In our opinion, the request made by Mr.Mohite is entirely reasonable and therefore, the request fairly made, was not even contested by Mr.Venegaonkar, learned Counsel for the Directorate of Enforcement. Learned Counsel for the parties point out that the matter was argued from time to time and was even posted for orders but till date, no orders have been made on the Application which is styled as "Exhibit-13".

5.

Considering the above circumstances, we direct the Special Court (PMLA) to dispose of "Exhibit-13 Application" as expeditiously as possible and in any case within one month from the receipt of an authenticated copy of this order.

6.

Learned Counsel for the parties states that they shall file an authenticate copy of this order before the Special Court (PMLA) at the earliest.

7.

We clarify that we have not adverted to the merits of the matter and therefore, all contentions of all parties are

left open for decision of the Special Court (PMLA) in accord with law and on their own merits.

8.

Petition is disposed of in above terms. There shall be no order as to cost.

9.

All concerned to act on an authenticated copy of this order.

( N. R. BORKAR, J) (M. S. SONAK, J)