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Madras High CourtWP/20542/2016closed

Farouk M.Irani v. Deputy Director, Office Of The

2016-10-25Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.20542 of 2016 and WMP.No.17643 of 2016 Farouk M. Irani ... Petitioner Vs.

1. The Deputy Director, Office of the Joint Director, Directorate of Enforcement, Government of India, Chennai Zonal Office, 2nd and 3rd Floor, Murugappa Naicker Complex, No.84, Greams Road, Chennai-86.

2. The Manager, Lakshmi Vilas Bank, Mount Road Branch, Chennai-2.

3. The Manager, Karur Vysia Bank, Whites Road Branch, Chennai-2.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to India for the issuance of a Writ of Mandamus, forbearing the 1st respondent from preventing the petitioner to operate his bank account No.0429301000023378 in the 2nd respondent bank and No.1219175000000421 in the 3rd respondent bank and also the Fixed Deposits held by him in the 1st and 2nd respondent banks, unless and otherwise in accordance with the provisions of Prevention of Money Laundering Act, 2002. For Petitioner : Mr.Arvind P. Datar, Senior Counsel for M/s.N.Anand Venkatesh For 1st Respondent : Mr.M.Dhandapani For Respondents 2 & 3 : Mr.S.Pradeepan

O R D E R

The Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the 1st respondent from preventing the petitioner to operate his bank account No.0429301000023378 in the 2nd respondent bank and No.1219175000000421 in the 3rd respondent bank and also the Fixed Deposits held by her in the 1st and 2nd respondent banks, unless and otherwise in accordance with the provisions of Prevention of Money Laundering Act, 2002. 2.

When the matter is called today, the learned Counsel for the 1st respondent filed a counter in which in para 26, it has been stated as follows:

"I humbly submit that the contents of Para 13 of the Affidavit filed by the petitioner herein, in the W.P.No.20542/2016 are not correct and not maintainable in law, inasmuch as the Account No.0429301000023378 in the 2nd respondent bank and No.1219175000000421 and 1219155000105201 in the 3rd respondent bank have not been attached vide Provisional Attachment Order No.13/2016 dated 16.06.2016. Subsequent to the said Provisional Attachment Order, necessary written communications were sent to respondent 2 and respondent 3 herein informing them to allow the petitioner herein and his family members to operate their Saving Bank Account, apart from the Fixed Deposits attached provisionally vide Order No.13/2016 dated 16.06.2016 held with the respondent Banks 2 and 3 herein.''

3.

The learned Counsel for the 1st respondent would submit that recording the same, the Writ Petition may be closed. 4.

Accordingly, the same is recorded and the Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tsi To

1. The Deputy Director, Office of the Joint Director, Directorate of Enforcement, Government of India, Chennai Zonal Office, 2nd and 3rd Floor, Murugappa Naicker Complex, No.84, Greams Road, Chennai-86.

2. The Manager, Lakshmi Vilas Bank, Mount Road Branch, Chennai-2.

3. The Manager, Karur Vysia Bank, Whites Road Branch, Chennai-2.

+2cc's to Mr.A.V.Radhakrishnan, Advocate, S.R.Nos.61843 & 61374 +1cc to Mr.M.Dhandapani, Advocate, S.R.No.61251 W.P.No.20542 of 2016 VD(CO) CA(02/12/2016)