M/S.Slo Buildcon P Ltd v. Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.10.2022

CORAM

THE HONOURABLE Mr. JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr. JUSTICE RMT.TEEKAA RAMAN W.P.No.10953 of 2021 AND W.M.P.Nos.11588 & 11589 of 2021 1.M/s.SLO Buildcon P Ltd.

Rep. by its Director Anil Kumar Ojha 39-40 Vishvesvaria Nagar Near Gopalpura Fly over Jaipur, Rajasthan 302 018 2.M/s.SLO Steels Ltd.

Rep. by its Director Anil Kumar Ojha No.403/D, T.H.Road Tiruvottiyur Chennai 600 019 3.M/s.Mahalakshmi Steel and Scrap Processing P Ltd. Rep. by its Director Anil Kumar Ojha No.403/D, T.H.Road Tiruvottiyur Chennai 600 019 1/4

4.Anil Kumar Ojha 5.Sunitha Ojha 6.Arun Kumar Sharma 7.Mamta Sharma 8.Ashok Kumar Sharma .. Petitioners Vs.

Deputy Director O/o.The Joint Director Directorate of Enforcement Chennai Zonal Office-I 2nd and 3rd Floor, Murugesa Naicker Complex No.84, Greams Road, Chennai 600 006 .. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondent not to act upon the impugned notice issued in reference number F.No.ECIR/CEZO-I/03/2019 dated 08.04.2021 until the petitioner's stay application is heard before the PMLA Appellate Authority.

For Petitioner : Mr.Vasa Lohith Kumar Prithivi For Respondents : Mr.N.Ramesh Special Public Prosecutor (Enforcement Directorate)

O R D E R

[Made by P.N.PRAKASH, J.] Seeking a direction to the respondent, not to act upon the impugned notice issued in reference number F.No.ECIR/CEZO-I/03/2019 dated 2/4

08.04.2021 until the petitioner's stay application is heard before the PMLA Appellate Authority, the instant writ petition has been filed.

2. During one of the earlier hearings, i.e., on 22.06.2021, this Court passed an order of interim stay of possession notice dated 08.04.2021 and also eviction notice dated 15.04.2021, both issued by the Enforcement Directorate, for a period of six weeks on the ground that no Presiding Officer was appointed to the Appellate Tribunal under the Prevention of Money-Laundering Act. The said order of interim stay was extended by this Court from time to time. Now that a Presiding Officer has been appointed, we cannot extend the order of stay granted by us, as that would amount to encroaching into the domain of the Appellate Tribunal. Hence, this writ petition stands closed and it is open to the petitioners to work out their remedies before the Appellate Tribunal. No costs. Connected miscellaneous petitions also closed. (P.N.P.,J.) (T K R, J.) 13.10.2022 gya 3/4

P.N.PRAKASH, J.

AND RMT.TEEKAA RAMAN, J.

gya To 1.The Deputy Director O/o.The Joint Director Directorate of Enforcement Chennai Zonal Office-I 2nd and 3rd Floor, Murugesa Naicker Complex No.84, Greams Road, Chennai 600 006 2.The Public Prosecutor High Court Madras W.P.No.10953 of 2021 3.The Appellate Tribunal (ATFP) Ministry of Finance Department of Revenue 4th Floor, 'A' Wing Loknayak Bhawan, Khan Market New Delhi 110 003 (Appeal Nos.4063, 4064, 4075, 4076, 4081, 4082, 4088 & 4089 of 2021) 13.10.2022 4/4