Shri Suresh Kumar Kochar v. The Joint Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.12.2021
CORAM
THE HONOURABLE Mr. JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr. JUSTICE R.HEMALATHA W.P.No.25271 of 2021 AND W.M.P.Nos.26648 & 26653 of 2021 1.Suresh Kumar Kochar 2.Anitha .. Petitioners Vs.
1.The Joint Director Directorate of Enforcement Chennai Zonal Office-I 3rd Floor, C-Block Murugesan Naicker Complex 84, Greams Road Chennai-6 2.The Assistant Directorate O/o.The Joint Director Directorate of Enforcement Chennai Zonal Office-I 3rd Floor, C-Block Murugesan Naicker Complex 84, Greams Road Chennai-6 3.The Registrar Adjudicating Authority (PMLA) Room No.26 4th Floor Jeevan Parliament Street New Delhi 110 001 4.The Branch Manager Lakshmi Vilas Bank 224, 1st Floor, Govindappa Naicken Street Sowcarpet, Chennai-1
5.The Branch Manager Karur Vysya Bank 484, Pantheon Plaza, Pantheon Road Egmore, Chennai-8 6.The Branch Manager Jana Small Finance Bank 34, Windsor Palace, Balfour Road Kilpauk, Chennai-10 7.The Branch Manager ICICI Bank No.34-E, OMR Siruseri, Chennai-130 8.The Branch Manager HDFC Bank 411, TI Mat School Ambattur, Chennai-53 9.The Branch Manager Equitas Small Finance Bank Bhaggyam Galleria Old No.80, Bazulla Road T.Nagar, Chennai-17 10.The Branch Manager Kotak Mahindra Bank 40, Montieth Road Egmore, Chennai-8 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 1st and 2nd respondents to lift the freezing orders made in F.No.ECIR/CEZO-I/39/20201 under the provisions of PMLA, 2002 with respect to the bank accounts of the petitioners maintained with respondents 4 to 10.
For Petitioner : Mr.B.Kumar Senior Counsel for Mr.B.Sathish Sundar For R1 and R2 : Mr.Rajinish Pathiyil Special Public Prosecutor
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents 1 and 2 to lift the freezing orders made in F.No.ECIR/CEZO-I/39/20201 under the provisions of PMLA, 2002 in respect of the bank accounts of the petitioners maintained with respondents 4 to 10.
2. On 26.11.2021, we passed the following order : "The short point that falls for consideration is, as to whether the Officer, who had passed the order of freezing the bank accounts of the petitioner, sent an application contemplated u/s.17(4) of the PMLA to the adjudicating authority within 30 days, as required therein.
2. Mr.Rajinish Pathiyil, learned Special Public Prosecutor [Enforcement Directorate], takes notice for the respondents and seeks time to get instructions. Post on 03.12.2021."
3. Today, when the matter was taken up for hearing, Mr.Rajinish Pathiyil, learned Special Public Prosecutor submitted an affidavit dated 09.12.2021, sworn to by Mr.E.Raghuraman, Enforcement Officer, wherein, in paragraph No.6, he has stated as follows :
"6. I further submit that in the course of investigation various references and communications were also sent to the respondent Banks' Anti Money Laundering Authorities under the powers conferred U/s 54 of the PMLA to collect information about the accounts and other details of the petitioners and their family members and to safeguard the possible proceeds of crime. As it has come to light that there are large numbers of savings bank accounts/current accounts/FDRs/TDRs, the department has decided only to freeze the FDRs, TDRs and two SOD accounts which were attached to the concerned FDRs. Insofar as SB accounts and current accounts are concerned, communication has been sent to the concerned Banks for de-freezing those accounts and the petitioners could therefore operate the same without any hassle as the department has lifted the restrictions imposed on the said savings bank and current accounts. Insofar as the FDRs, TDRs and SOD Accounts are concerned, the provisions U/s.8 of PMLA would apply and the
petitioners are entitled to be heard before the Adjudicating Authority (PMLA) concerned and appropriate orders would be passed by the Adjudicating Authority (PMLA) after hearing all concerned. Further the Adjudicating Authority (PMLA) had also issued notice on the petitioners as well as his other family members as prescribed under section 8(1) of PMLA." However, Mr.B.Kumar, learned Senior Counsel for the petitioner submitted that the Enforcement Directorate has not sent any communication to the various banks, informing them of the defreezing of the petitioners savings bank and current accounts.
4. Mr.Rajinish Pathiyil contended that he would instruct the authorities concerned to immediately send the necessary communication to the banks.
Recording the submission of Mr.Rajinish Pathiyil, this writ petition stands closed. No costs. Connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gya To
1. The Joint Director Directorate of Enforcement Chennai Zonal Office-I, 3rd Floor, C-Block Murugesan Naicker Complex 84, Greams Road, Chennai-6
2. The Assistant Directorate O/o.The Joint Director Directorate of Enforcement Chennai Zonal Office-I, 3rd Floor, C-Block Murugesan Naicker Complex 84, Greams Road, Chennai-6
3. The Registrar Adjudicating Authority (PMLA) Room No.26 4th Floor, Jeevan Parliament Street New Delhi 110 001
4. The Branch Manager Lakshmi Vilas Bank 224, 1st Floor, Govindappa Naicken Street Sowcarpet, Chennai-1
5. The Branch Manager Karur Vysya Bank 484, Pantheon Plaza, Pantheon Road Egmore, Chennai-8
6. The Branch Manager Jana Small Finance Bank 34, Windsor Palace, Balfour Road Kilpauk, Chennai-10
7. The Branch Manager ICICI Bank No.34-E, OMR, Siruseri, Chennai-130
8. The Branch Manager HDFC Bank 411, TI Mat School Ambattur, Chennai-53
9. The Branch Manager Equitas Small Finance Bank Bhaggyam Galleria Old No.80, Bazulla Road T.Nagar, Chennai-17
10. The Branch Manager Kotak Mahindra Bank 40, Montieth Road Egmore, Chennai-8
11. The Public Prosecutor Madras High Court Chennai - 600 104 +1cc to Mr.Rajinish Pathiyil, Advocate, S.R.No.66458 +1cc to Mr.B.Sathish Sundar, Advocate, S.R.No.65949 W.P.No.25271 of 2021 VG-II[co] NSK 08/02/2022