Madras High CourtWP/26788/2018disposed of

Uttam Chand Bohra v. The Adjudicating Authority

2019-01-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.26788 of 2018 and W.M.P. Nos.31134 & 31137 of 2018 Uttam Chand Bohra .. Petitioner

Versus

1. The Adjudicating Authority under the Prohibition of Money Laundering Act, 2002, Rep. By its Chairman, Room No.26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110 001.

2. Directorate of Enforcement, Ministry of Finance, Department of Revenue, Chennai Zonal Office - II, 3rd Floor, Murugesa Naicker Office Complex, No.84, Greams Road, Chennai 600 006. ...

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records of the first respondent order in O.C.No.939 of 2018 dated 10.09.2018 and quash. For Petitioner : Mr.R.Gopinath for M/s.McGan Law Firm For Respondents : Mr.V.Athikesavan for R1 Mr.N.Ramesh CGSC for R2

ORDER

Learned counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition and seek his remedy before the Appellate Authority. Admittedly, appeal has to be filed within 45 days whereas, the petitioner has been prosecuting this Writ Petition since October 2018. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the petitioner submits that time taken in prosecuting the Writ Petition before this Court may be excluded. It is open to the petitioner to take appropriate application before the Appellate Authority and the Appellate Authority may consider the time taken by the petitioner in prosecuting the Writ Petition before this Court while considering the period of limitation.

3. In view of the submission made by the learned counsel for the petitioner and the endorsement so made, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar jv To

1. The Chairman, Adjudicating Authority under the Prohibition of Money Laundering Act, 2002, Room No.26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110 001.

2. Directorate of Enforcement, Ministry of Finance, Department of Revenue, Chennai Zonal Office - II, 3rd Floor, Murugesa Naicker Office Complex, No.84, Greams Road, Chennai 600 006.

+1cc to M/s.McGan Law Firm, Advocate SR.No. 8019 +1cc to Mr.N.Ramesh , Advocate SR.No. 7922 W.P. No.26788 of 2018 and W.M.P. Nos.31134 & 31137 of 2018 A.SK(27/02/2019) https://hcservices.ecourts.gov.in/hcservices/