PRATHIBA M. SINGH
J. C. Flowers Asset Reconstruction Private Limited – Appellant
Versus
Directorate of Enforcement, (Through The Deputy Director) – Respondent
JUDGMENT
Prathiba M. Singh J. (Oral)--This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner company challenging the impugned order dated 27th January, 2023 passed by the Adjudicating Authority under PMLA Act, 2005 in OC 1794/2022 in PAO No. 14/2022 dated 2nd August, 2022. The question raised in this petition is whether the Adjudicating Authority consisting of only one technical member can hear the cases under the PMLA Act, 2005 and pass attachment orders.
3. Ld. Counsel for the Petitioner has placed reliance on the recent judgment of the Telangana High Court in W.P.(C) 34238/2022 titled M/s Hygro Chemicals Pharmtek Pvt. Ltd. v. Union of India & Anr., and the batch of judgments. It is the contention of the ld. Counsel for the Petitioner that in the said case the Court has not agreed with the view expressed by the ld. Division Bench of this Court in J. Sekar v. Union of India & Ors., 2018 SCC OnLine Del 6523. The argument is that in the said judgement, the Court has held that functions of a body like the Adjudicating authority are quasi-judicial in nature and have trapping of judicial functions and that such such functions can only
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