Shri Suresh Kumar Kochar v. The Joint Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WRIT PETITION NO.25266 OF 2021 AND W.M.P.NOS.26641, 26642 AND 26644 OF 2021

1. Shri.Suresh Kumar Kochar S/o.Shri Dhanraj Kochar

2. Smt.Anitha W/o.Shri Suresh Kumar Kochar .. Petitioners .Vs.

1. The Joint Director, Directorate of Enforcement, Chennai Zonal Office - I, Third Floor, C Block, Murugesan Naicker Complex, 84, Greams Road, Chennai - 600 006.

2. The Assistant Director, O/o. The Joint Director, Directorate of Enforcement, Chennai Zonal Office - I, Third Floor, C Block, Murugesan Naicker Complex, 84, Greams Road, Chennai - 600 006.

3. The Registrar, Adjudicating Authority (PMLA), Room No.26, 4th Floor, Parliament Street, New Delhi - 110 001.

4. The Branch Manager, Lakshmi Vilas Bank, 224, 1st Floor, Govindappa Naicken Street, Sowcarpet, Chennai - 600 001.

5. The Branch Manager, RBL Bank, First Floor, Rashmi Towers, No.1, Valluvar Kottam High Road, Nungambakkam, Chennai - 600 034.

6. The Branch Manager, Jana Small Finance Bank, 34, Windsor Palace, Ballour Road, Kilpauk, Chennai - 600 010.

7. The Branch Manager, HDFC Ltd., 2nd Floor, ITC Tower, Anna Salai, Chennai - 600 002.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent made in freezing orders under sec.17(1A) dated 11.10.2021, quash the same and direct the office of the 1st and 2nd respondents to defreeze the fixed/term deposits maintained by the petitioners with the respective banks/financial institutions being respondents 4 to 7. For Petitioner :

Mr.B.Kumar, Senior Counsel for Mr.B.Satish Sundar For Respondents :

Mr.Rajinish Pathiyil Special Public Prosecutor (ED)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking quash of the order of the second respondent passed under sec.17(1A) of the PMLA dated 11.10.2021 and to direct the respondents 1 and 2 to defreeze the fixed/term deposits maintained by the petitioners with the respective banks/financial institutions being respondents 4 to 7.

2. When the matter was taken up for hearing, Mr.B.Kumar, learned Senior Counsel appearing for the learned counsel, on record, for the petitioner, fairly submitted that the petition has become infructuous inasmuch as the adjudicating authority appears to have received the report u/s.17(4) of the PMLA from the seizing authority within 30 days thereof as contemplated therein and thereafter, the adjudicating authority has also issued a notice u/s.8(1) of the PMLA dated 18.11.2021 giving 30

days time to the petitioner to submit his explanation. Recording the same, this Writ Petition is closed. It is always open to the petitioner to raise all the points before the adjudicating authority. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gm To

1. The Joint Director, Directorate of Enforcement, Chennai Zonal Office - I, Third Floor, C Block, Murugesan Naicker Complex, 84, Greams Road, Chennai - 600 006.

2. The Assistant Director, O/o. The Joint Director, Directorate of Enforcement, Chennai Zonal Office - I, Third Floor, C Block, Murugesan Naicker Complex, 84, Greams Road, Chennai - 600 006.

3. The Registrar, Adjudicating Authority (PMLA), Room No.26, 4th Floor, Parliament Street, New Delhi - 110 001.

4. The Special Public Prosecutor (ED), High Court, Madras.

+1cc to Mr.Rajinish Pathiyil,Standing Counsel, S.R.No.62379 Writ Petition No.25266 of 2021 PMK(CO) PM/07/12/2021