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2014 Supreme(Bom) 1195

S.J.VAZIFDAR, A.K.MENON
Brizo Reality Company Pvt. Ltd. – Appellant
Versus
Aditya Birla Finance Ltd. – Respondent


Advocates appeared:
Mr. Manoj Singh with Mr. Vijay Singh and Mr. Vinay Bhanushali for the Petitioner.
Ms. Benedicta Lobo i/b M/s. Katariya & Associates for Respondent No. 1.
Ms. Purnima Kantharia with Mr. M.S. Bhardwaj for Respondent Nos. 2 and 3.
Mr. Sanjay Kinjwadekar, Assistant Director, Enforcement Directorate, Mumbai for Respondent No. 2 present.

JUDGMENT

S.J. VAZIFDAR, J.

1. The Petitioner seeks a writ to quash an order of provisional attachment dated 31.01.2014, passed by Respondent No.2 - Directorate of Enforcement, of its property, a show cause notice dated 29.04.2014 issued by Respondent No.3 – Adjudicating Authority constituted under Money Laundering Act, 2002 and a public notice dated 26.11.2013, issued by Respondent No.4 – Senior Inspector of Police, Economic Offence Wing. Alternatively, the Petitioner seeks to have the said order and notices quashed upon it creating a charge in favour of this court over the said premises (No.1102, Peninsula Business Park, Lower Parel, Bombay 400 013) over and above the charge of Respondent No.1 and to the extent of Rs.6.5 crores. The alternative relief cannot even be considered as Respondent No.1 is not agreeable to the same.

2. The main contention is that the show cause notice dated 29.04.2014, issued to the Petitioner does not contain any reason for the Adjudicating Authority to believe that the petitioner has committed an offence under section 3 or is in possession of proceeds of crime as required by section 8 of The Prevention of Money Laundering Act, 2002. Section 8 reads as und















































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