Union Bank Of India v. The Deputy Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM W.P.NO.2594 OF 2021 Union Bank of India Rep. By its Asst.General Manager, Stressed Asset Management Branch, 1st Floor, No.95/137, Chandramothi Building, Anna Salai, Chennai.
.. Petitioner Vs.
1. The Deputy Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue, Chennai Zonal Office, 2nd and 3rd Floor, Murugesa Naickar Complex, No.84, Greams Road, Chennai - 06.
2. The Hon'ble Chairperson, Adjudicating Authority, Under the Prevention of Money Laundering Act, 2002, No.26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi - 110 001.
3. M/s.SLO Industries Limited Rep. By its Resolution Professional, Mr.C.Ramasubramaniam, 403/D, 2nd Floor, TH Road, Chennai - 600 019.
.. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the 1st respondent herein in Order No.02/2020 dated 06.10.2020 and quash the same insofar as the properties morefully described in the Schedule to the writ petition.
For Petitioner ..
Mr.Srinath Sridevan For Respondents ..
Mr.N.Ramesh Special Public Prosecutor (Enforcement Directorate) for respondents 1 and 2
ORDER
(Made by P.N.PRAKASH, J.) Seeking to issue a writ of of certiorari to call for the records of the first respondent herein in Order No.02/2020, dated 06.10.2020, and quash the same insofar as the properties more fully described in the Schedule, the present writ petition has been filed.
2. In the opinion of this Court, a challenge to the show cause notice at the threshold cannot be maintained, inasmuch as the petitioner can always approach the adjudicating authority under Section 8 of the Prevention of Money Laundering Act, 2002, and place all the facts before them including the submission that some of the properties that have been provisionally attached have been acquired by the alleged accused prior to the cause of action.
3. With the above observation, this writ petition is closed. No costs. Consequently, connected W.M.P.Nos. 2929 & 2930 of 2021 are closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssm To
1. The Deputy Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue, Chennai Zonal Office, 2nd and 3rd Floor, Murugesa Naickar Complex,No.84, Greams Road, Chennai - 06.
2. The Hon'ble Chairperson, Adjudicating Authority, Under the Prevention of Money Laundering Act, 2002, No.26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi - 110 001.
+1cc to Mr.Srinath Sridevan, Advocate, S.R.No.7465 W.P.No.2594 of 2021 SS(CO) CS/16/03/2021