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2023 Supreme(Bom) 2260

NITIN W. SAMBRE, R. N. LADDHA
Apurva Bhupendra Shah – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Niteen Pradhan, Advocate, Dhruv Balan, Advocate, Ayaz Bilawala, Advocate, Yogesh Gaikwad, Advocate, A.S.Pai, Advocate, J.P.Yagnik, Advocate, Shreeram Shirsat, Advocate, Anna Oommen, Advocate

JUDGMENT/ORDER

NITIN W.SAMBRE, J. - The respective Counsel are in agreement that the issue raised in all these petitions is same. Even, ECIR registered against all the petitioners is same. As such, by this common judgment, the petitions are disposed of by consent.

2. The prayer is for issuance of Writ of Mandamus for quashing of entire proceedings in ECIR/MBZO-II/15/2019 registered by Respondent No.3-Enforcement Directorate, Mumbai, Zone-II.

3. The prayer is supported by learned Senior Advocate Mr.Niteen Pradhan based on two incidents;

    a) quashing of predicate offence by consent vide order of this Court [Coram: S.C. Dharmadhikari and G.S.Patel, JJ.] dtd. 19/10/2013 delivered in Writ Petition No.1955 of 2013 and Writ Petition No.2332 of 2013.

b) If the aforesaid predicate offence is already quashed in view of the law laid down by the Division Bench of this Court [Coram: Revati Mohite Dere and Prithviraj K. Chavan, JJ.] in Writ Petition No.4037 of 2022 with Writ Petition No.4038 of 2022 decided on 23/2/2023, the ECIR registered against all petitioners, is liable to be quashed and set aside.

4. Aforesaid contentions are resisted by Mr.Shreeram Shirsat, learned Counsel appearing for Respond

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