Abishek Poddar v. Registrar Adjudicating

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.32964 of 2017 and W.M.P.Nos. 36354 to 36356 of 2017 Abishek Poddar, S/o. Hari Poddar ... Petitioner Vs.

1. Adjudicating Authority, Room No.26, 4th Floor, Deep Building, Parliament Street, New Delhi-110 001.

2. Assistant Director, Directorate of Enforcement, Patna Zonal Office, First Floor, Chandpura Place, Bank Road, West Gandhi Maidan, Patna-800 001.

3. HDFC Bank, rep. by its Manager, Erode Branch, No.141, Sathy Road Opp. Bus Stand, Erode-638 003. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in Show Cause Notice (SCN) dated 24.10.2017 issued by 1st respondent in O.A.133/2017 and quash the same and consequently direct the 2nd respondent to defreeze the account of the petitioner maintained with the 3rd respondent and consequently permit the petitioner to operate the account in A/c. No.02322320001016.

For Petitioner :Mrs.Reshmi Christy for Mr. K.V.Sajeev Kumar For Respondents :Ms.G.Hema, Central Govt. Counsel for R1 and R2

O R D E R

This Writ Petition has been filed challenging the provisional assessment order passed under Sec.8 of Prevention of Money - Laundering Act, 2002.

2. Today, when the matter taken up for hearing, Mrs.G.Hema, learned Government Advocate appearing for respondents 1 and 2 would submit that, pending Writ Petition, the provisional assessment order has been made absolute and the complaint was also filed against the petitioner under the Prevention of Money Laundering Act before the competent court.

3.Considering the fact that, pending Writ Petition, the final attachment order has been passed under Sec.8(3) of the Prevention of Money Laundering Act against the petitioner. Hence, nothing remains to adjudicate further in this point in this Writ Petition, and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to challenge the final attachment order, if he so advised. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rpp To

1. Adjudicating Authority, Room No.26, 4th Floor, Deep Building, Parliament Street, New Delhi-110 001.

2. Assistant Director, Directorate of Enforcement, Patna Zonal Office, First Floor, Chandpura Place, Bank Road, West Gandhi Maidan, Patna-800 001.

3. The Manager, HDFC Bank, Erode Branch, No.141, Sathy Road Opp. Bus Stand, Erode-638 003.

W.P.No.32964 of 2017 pmk[co] srg 08/04/2022