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2013 Supreme(Mad) 3418

High Court of Judicature at Madras
M. VENUGOPAL, J.
M. Shobana & Others
Versus
The Assistant Director, Directorate of Enforcement Government of India, Chennai
W.P.Nos.14083 to 14085 of 2013 & M.P.Nos.1, 1, 1, 2, 2, 2 & 3 of 2013
Decided on : 25-09-2013

Advocates Appeared:
For the Appearing Parties:V.T. Gopalan, Senior Counsel, P.S. Raman, Senior Counsel for M/s. Nathan & Associates Advocate. M. Dhandapani Advocate, A. Ramesh, Senior Counsel for M/s. Yuvaraj Mohankumar, Advocate.

Judgment :

1. The Petitioners have preferred the present Writ Petitions praying for issuance of Writ of Certiorari in calling for the records in summons vide ECIR No.CEZO/2/2013 (KCM) dated 10.04.2013 issued by the Respondent and to quash the same.

2. The Petitioners were directed to appear on 09.05.2013, 07.05.2013, 08.05.2013 respectively by the Assistant Director, Directorate of Enforcement, Chennai along with the documents mentioned in the Schedule. In the summons issued to the Writ Petitioners on 10.04.2013, the Respondent had stated that in exercise of the powers conferred upon him as per Section 50 (2) and (3) of the Prevention of Money-Laundering Act, 2002, he required the presence of the Writ Petitioners at his office on the dates and time specified.

3. The Summation of Facts :

(i) According to the Petitioners, one Abinesha Babu through his brother Nagarajan in the capacity of Director to a Company called M/s. Al Tirven Steels Limited, lodged a complaint against A.M. Mohan (husband of the Writ Petitioner in W.P.No.14083/2013) and his friend Valluvan (Petitioner in W.P.No.14085/2013) before the Central Crime Branch, Egmore, Chennai with an allegation of impersonation and cheating and also that the Central Crime Branch, Egmore registered a case in Crime No.96 of 2010 under Sections 419, 420 r/w 34 I.P.C. on 25.02.2010. During the investigation, the Investigation Officer came to a conclusion that the sister of the Petitioner's husband N. Senthamarai (Petitioner in W.P.No.14084/2013), herself and A.M. Mohan (husband of the Petitioner in W.P.No.14083/2013) committed the crime and filed a final report in C.C.No.88 of 2011 on the file of learned Chief Judicial Magistrate, Egmore, Chennai who took cognizance and charges were also framed. In the meanwhile, A.M. Mohan (husband of the Petitioner in W.P.No.14083/2005) filed O.P.No.280 of 2010 before this Court praying for appointment of an Arbitrator with reference to his claim of Rs.82.5 Crores from the defacto complainant which was allowed on 01.04.2011 by this Court and the matter is now pending before the Hon'ble Supreme Court of India.

(ii) After framing of charges against the accused, the trial commenced and summons was issued to the witnesses P.W.1 and P.W.2 on the beginning day of trial itself, an aggrieved party M/s. IVRCL Limited (formerly it was M/s. IVRCL Assets and Holdings Limited) along with accused filed a permission petition and compound petition before the trial Court. The defacto complainant/informant filed Criminal O.P.No.14032 of 2011 for further investigation which was allowed by this Court on 28.09.2011 where a direction was issued to the C.B.C.I.D., Chennai to conduct further investigation. As against the said order passed in the Crl.O.P.No.14032 of 2011, the Writ Petitioner in W.P.No.14083 of 2013 along with two other accused preferred a petition to grant Special Leave to Appeal in SLP.Crl.No.8160/2011, 8313/2011 and 8317/2011 before the Hon'ble Supreme Court of India wherein the Hon'ble Supreme Court was pleased to grant stay of operation of the impugned order passed in the Crl.O.P.No.14032 of 2011.

As such, the trial in C.C.No.88 of 2011 on the file of the Learned Chief Metropolitan Magistrate, Egmore, Chennai is pending as on date.

(iii) Under the above background, a separate complaint was lodged by the husband of the Petitioner in W.P.No.14083 of 2013 against the defacto complainant and 21 others on 02.07.2010 before the Reserve Bank of India and various authorities including the Directorate of Enforcement. Since no action was taken by the authorities concerned, Criminal Original Petition No.19095 of 2010 was filed by A.M. Mohan before this Court and this Court was pleased to allow the petition by making the following observations :

“35. The disturbing factors in dealing with the property are as follows ;

i. The sale agreement dated 22.6.1999 was in favour of M.S. Tirven Garments Private Limited represented by its Directore L.S. Abinesh Babu.

ii. Witho

















































































































































































































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