SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 4652

PRATHIBA M. SINGH
J. C. Flowers Asset Reconstruction Private Limited – Appellant
Versus
Directorate of Enforcement, (Through The Deputy Director) – Respondent


Advocates appeared:
Mr. Rajshekhar Rao, Senior Advocate with Mr. Chitranshul A. Sinha, Mr. Jaskaran Bhatia and Ms. Tammana Malik, Advocates, for the Petitioner.
Mr. Zoheb Hossain, Spl. Counsel for ED, Mr. Kavish Garaich, Ms. Sejal Aneja, and Mr. Baibhav, Advocates, for the Respondents.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top