Schroder And Co. Bank Ag v. The Special Director Directorate Of Enforcement Govt. Of India

LAXMIKANT GOPAL CHANDAN Date: 2022.08.02 18:04:28 +0530 LAXMIKANT GOPAL CHANDAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1250 OF 2009 Dominique Dziurzynski : Petitioner versus The Special Director, Directorate of Enforcement Government of India Ministry of Finance Department of Revenue : Respondent WITH NOTICE OF MOTION NO.85 OF 2019 IN WRIT PETITION NO.1250 OF 2009 The Special Director, Directorate of Enforcement Government of India Ministry of Finance Department of Revenue : Applicant/Respondent In the matter of Dominique Dziurzynski : Petitioner versus The Special Director, Directorate of Enforcement Government of India Ministry of Finance Department of Revenue : Respondent WITH WRIT PETITION NO.1251 OF 2009 Schroder and Co. Bank AG (formerly known as J. Henry Schroder Bank AG) : Petitioner versus

The Special Director, Directorate of Enforcement Government of India Ministry of Finance Department of Revenue : Respondent WITH NOTICE OF MOTION NO.88 OF 2019 IN WRIT PETITION NO.1251 OF 2009 The Special Director, Directorate of Enforcement Government of India Ministry of Finance Department of Revenue : Applicant/Respondent In the matter of Schroder and Co. Bank AG (formerly known as J. Henry Schroder Bank AG) : Petitioner versus The Special Director, Directorate of Enforcement Government of India Ministry of Finance Department of Revenue : Respondent WITH NOTICE OF MOTION NO.122 OF 2019 IN WRIT PETITION NO.1251 OF 2009 Schroder and Co. Bank AG (formerly known as J. Henry Schroder Bank AG) : Applicant/Petitioner In the matter of Schroder and Co. Bank AG (formerly known as J. Henry Schroder Bank AG) : Petitioner versus

The Special Director, Directorate of Enforcement Government of India Ministry of Finance Department of Revenue : Respondent ----- Mr. Ashish Kamat a/w Mr. Rishabh Jaisani and Mr. Harit Lakhani i/by Mr. Ameya Gokhale for Petitioners in both the Petitions. Mr. Ashish Chavan a/w Mr. Zishan Quazi for Respondent-ED ------ CORAM : K.R. SHRIRAM & A.S. DOCTOR, JJ.

DATED : 29th JULY 2022 P.C.

Mr. Ashish Kamat, appearing for Petitioners, though after explaining to the Court in brief the background of the matters, submitted that Rule granted in both the Petitions should be made absolute in view of an order dated 22nd March 2018 passed by Respondent.

Prayer clause (a) of the Petitions reads as under :- (a) issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India quashing the Show Cause Notice dated 12.04.2005 and Order dated 30.03.2009 issued by the Respondent."

Petitioner in Writ Petition No.1251 of 2009 has taken out Notice of Motion No. 122 of 2009 praying for disposal of Writ Petition in view of order dated 22nd March 2018 passed by Respondent. It will be useful to reproduce the order dated 22nd March 2018 passed by Respondent and same is scanned

and reproduced herein below :-

In view of what is stated in paragraph 12 of the order reproduced above, nothing survives in the show cause notice itself that has been issued on 12th April 2005 to Petitioner.

In the circumstances, Rule made absolute in both the Petitions. Petitions disposed.

In view of above, all interim applications also stand disposed. [A.S. DOCTOR, J] [K.R. SHRIRAM , J]