Thoothukudi Nadargal Mahamai v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.6816 of 2016 and WMP.No.11221 of 2022 Thoothukudi Nadargal Mahamai a Society registered under the Societies Act S.No.27 of 1960 having its officer at 72, Toovipuram Main Road, Tuticorin - 628 003, India.
.. Petitioner Vs.
1. The Director, Enforcement Directorate, 6th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.
2. Reserve Bank of India, Constituted under the Reserve Bank of India Act, 1934 having its Head Office at Reserve Bank of India Bldg., Fort, Mumbai - 400 001 through its Governor.
3. Tamilnad Mercantile Bank Ltd., a Banking Company incorporated under the Companies Act, 1913 having its registered office at 57, V.E.Road, Tuticorin - 628 002.
1/10
State of Tamilnadu through its Managing Director & CEO.
4. Sri.MGM.Maran
5. Sri.B.Ramachandra Adityan
6. Katra Holding Pvt. Ltd., Through its Managing Director, No.777/K-Z, 13th Main, HAL, 2nd Stage, Bangalore - 560 008, India.
7. Hemangini Finance and leasing Private Limited, Trough its Managing Director, Sterling Tower, 327 Anna Salai, Teyanmpet, Chennai - 600 006, India.
8. Mrinalini Leasing and Finance Private Limited, Sterling Tower, 327 Anna Salai, Teynampet, Chennai 600 006, India, through its Managing Director.
9. Mansiri Investment and Leasing Private Limited, Sterling Tower, 327 Anna Salai, Teynampet, Chennai 600 006, India.
Through its Managing Director.
10. Hi-Tech Traders Private Limited, Sterling Tower, 327 Anna Salai, Teynampet, Chennai 600 006, India, through its Managing Director.
11. Swiss Re Investors (Mauritius) Limited, 608, St.James Court, St Denis Street, Port Louis, Mauritius, through its Managing Director.
12. Fl Investment (Mauritius) Limited, 2/10
608, ST. James Court, St Denis Street, Port Louis, Mauritius.
Through its Managing Director.
13. CUNA Group (Mauritius) Limited, 608, St.James Court, St.Denis Street, Port Louis, Mauritius.
Through its Managing Director.
14. Kamehameha Mauritius Ltd., Nos.3 to 6, having address at 608, St.James Court, St.Denis Street, Port Louis, Mauritius. Through its Managing Director.
15. RST Ltd., C/o Walkers SPV Limited, Walker House, 87, Mary Street, George Town Grand, Cayman Islands, CAYMAN KYI - 9002. Through its Managing Director.
16. Katra Holdings Ltd., No.608, St.James Court, St.Denis Street, Port Louis, Mauritius.
Through its Managing Director.
17. Corsair Investments LLC, 717 Fifth Avenue, 24th Floor, New York, NY 10022, USA.
Through its Managing Director.
18. GHI Ltd., 59, Beach Side Avenue, West Port, Connecticut - 06880, USA. Through its Managing Director.
19. Sub continental Equities Ltd., 608, James Court, St.Denis Street, Port Louis, Mauritius, Through its Managing Director.
3/10
20. Starship Equity Holdings Ltd, having office at 608, St.James Court St.Denis Street, Fort Louis, Mauritius.
Through its managing Director.
21. East River Holdings Ltd., 608, James Court, St.Denis Street, Port Louis, Mauritius. Through its Managing Director.
22. Vector Programme Pvt. Ltd., 313-314, Richmond Towers, Richmond Road, Bangalore - 560 025, India, Through its Managing Director.
23. Mr. Gokul Patnaik
24. Shri.P.S.Sathiyaseelan
25. Sri. Anand Subramanian
26. The Standard Chartered Bank, Represented by the Head, WB Compliance India & South Asia, 23-29 Mahatma Gandhi Road, Fort, Mumbai - 400 001, India, Through its Chief Executive Officer.
27. The Standard Chartered Bank, Units 6A & 6B, 6th Floor, Raffles Towers, Lot 19, Cybercity, Ebene, Port Louis, Mauritus.
Through its Chief Executive Officer.
.. Respondents 4/10
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, (a) directing the first respondent the Enforcement Directorate to conduct proper investigation into the illegalities and violations committed by the respondents as per the legal provisions contained in the Foreign Exchange Management Act 1999, and the Prevention of Money-Laundering Act 2002; (b) Direct the first respondent to immediately freeze/impound/seize shares of 119,041 in the third respondent bank being held in the vault of Standard Chartered Bank, Mumbai, in "Project Windmill Escrow A/c" with Blank transfer deed signed at the behest of Standard Chartered Bank, Mauritius & Corsair, USA; (c) Direct the first respondent to make adequate measures in the nature of injunctions to third respondent bank preventing alienation of the 119,041 shares in any form held in the vault of Standard Chartered Bank, Mumbai, "Project Windmill Escrow A/c" till the completion of the investigation; (d) Direct the first respondent to order third respondent bank freezing of all rights viz.
, voting rights, dividends, transfers, etc., arising out of these 119,041 shares till the completion of the investigation; (e) Direct the first respondent to impose penalty of Rs.
Resident investors, who had entered into criminal conspiracy, money laundering, indulged in FEMA and PMLA violations in acquiring the 119,041 shares of the third respondent bank; (f) Direct the first respondent to file proper complaints as per the relevant legal provisions against the violators after completion of the investigation. For Petitioner : Mr.R.S.Mangala Kumar for M/s.P.Sureshan For R1 : M/s.V.Parivallal For R2 : M/s.C.Mohan for M/s.King & Partridge For R3 to R25 : No appearance For R26 & R27 : Mr.P.Giridharan
ORDER
(Order of the Court was delivered by V.M.VELUMANI, J.) Today, when the matter is taken up for hearing, Mr.R.S.Mangala Kumar, learned counsel appearing for the petitioner filed a memo dated 18.10.2022, seeking permission of this Court to withdraw the Writ Petition. He has also made an endorsement to that effect.
6/10
2. Recording the above submission, the memo dated 18.10.2022 as well as the endorsement made by the learned counsel appearing for the petitioner, the Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed. (V.M.V., J.) (S.M., J.) 18.10.2022 Index : Yes / No Internet : Yes / No av To
1. The Director, Enforcement Directorate, 6th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.
2. The Governor, Reserve Bank of India, Constituted under the Reserve Bank of India Act, 1934 having its Head Office at Reserve Bank of India Bldg., Fort, Mumbai - 400 001.
3. The Managing Director & CEO, Tamilnad Mercantile Bank Ltd., a Banking Company incorporated under the Companies Act, 1913 having its registered office at 57, V.E.Road, Tuticorin - 628 002.
State of Tamilnadu.
7/10
V.M.VELUMANI, J.
and SUNDER MOHAN, J.
av W.P.No.6816 of 2016 and WMP.No.11221 of 2022 18.10.2022 8/10
W.P.No.6816 of 2016 and W.M.P.No.11221 of 2022 V.M.VELUMANI,J.
AND SUNDER MOHAN,J.
(Order of the Court was delivered by V.M.VELUMANI,J.) Today, this Writ Petition is listed under the caption 'For being spoken to'.
2.Mr.P.Giridharan, learned counsel submitted that he is appearing for the respondents 26 & 27 and he filed vakalat on 06.02.2020 in S.R.No.4132 of 2020. However, in the order of this Court dated 18.10.2022, when the above said Writ Petition was dismissed as withdrawn, his appearance has not been marked. Therefore, he prayed that his appearance may be incorporated in the order of this Court dated 18.10.2022 for the respondents 26 and 27.
3.Mr.N.Ramesh, learned Special Public Prosecutor (E.D.) submitted that he has filed memo dated 26.07.2021 for his appearance for the 1st respondent and prayed that his appearance may be incorporated in the order of this Court dated 18.10.2022 for 1st respondent instead of Mr.V.Parivallal.
9/10
V.M.VELUMANI,J.
and SUNDER MOHAN,J.
Kj 4.In view of the above submissions, Registry is directed to issue copy of the order mentioning the names of Mr.P.Giridharan, as the counsel for the respondents 26 & 27 and Mr.N.Ramesh, Special P.P. (E.D.), for the 1st respondent.
(V.M.V., J) (S.M., J) 15.11.2022 kj W.P.No.6816 of 2016 and W.M.P.No.11221 of 2022 10/10