Sarang Wadhawan v. Assistant Director Directorate Of Enforcement

53. WP 13324-2023.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13324 OF 2023 Sarang Wadhawan .Petitioner Vs.

The Assistant Director, Directorate of Enforcement,.Respondents & ors.

Mr. Ashish Kanath a/w. Mr. Subir Kumar & Ms. Disha Shah i/b. SDS Advocates, Advocate, for the Petitioner Mr. Aayush Kedia a/w. Mr. H. S. Venegaonkar, Advocate, for the Respondent

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

27.10.2023 P. C.

1.

At the outset, Mr. Venegaonkar, learned counsel appearing for the Respondents states that there is an alternate remedy of Appeal before the PMLA Tribunal under Section 26 of the Prevention of Money Laundering Act, 2002. 2.

Mr. Kanath, learned counsel appearing for the Petitioner states that copy of the impugned order is not yet served on him. Mr. Venegaonkar, learned counsel appearing for the Respondents states that copy of the impugned order is already served on the learned counsel appearing for the Petitioner, however, in the Court, one more copy is handed over

53. WP 13324-2023.doc to the learned counsel appearing for the Petitioner. 3.

As there is an alternate remedy of Appeal before the PMLA Tribunal, interference under Articles 226 & 227 of the Constitution of India is not warranted.

4.

The Writ Petition is dismissed on the ground of availability of the alternate remedy of Appeal before the PMLA Tribunal.

5.

It is clarifed that this Court has not considered the merits of the Petition and all the contentions in that behalf are expressly kept open.

(MADHAV J. JAMDAR, J.)