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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tejinder Singh Dhindsa, Pankaj Jain, JJ.
Surbhi Goyal Iyre - Appellant
Versus
Directorate Of Enforcement & Anr. – Respondents
CWP-10829 of 2022 (O&M)
Decided On : 19-05-2022
PMLA Act, 2002 - Provisional Attachment Order - Quashing of Orders
Fact of the Case:
The petitioner filed a writ petition seeking to quash the orders issued under the provision of Section 8(4) of the PMLA Act, 2002 by the Deputy Director, Enforcement of Directorate, Gurugram Zonal Office, Chandigarh for taking possession of the various assets of the petitioner forming part of the Liquidation estate of the Corporate Debtor.
Finding of the Court:
The court disposed of the petition with a direction that no coercive action be taken against the petitioner till the application for stay is considered and decided by the Tribunal, as the Tribunal was not functional at the time.
Issues: The main issue was the quashing of the orders issued under the PMLA Act, 2002 and the petitioner's request for a stay on coercive action pending the decision by the Tribunal.
Ratio Decidendi: The court's decision was influenced by the non-functionality of the Tribunal and the petitioner's request for a stay on coercive action pending the decision by the Tribunal.
Final Decision: The petition was disposed of with a direction that no coercive action be taken against the petitioner till the application for stay is considered and decided by the Tribunal.
JUDGMENT
Tejinder Singh Dhindsa, J.(Oral). - An advance copy of the writ petition already stood served upon the respondents.
2. Mr. Satya Pal Jain, learned Additional Solicitor General of India assisted by Mr. Sanjay Vashisth, Senior Panel Counsel, has entered appearance on behalf of the respondents.
3. Counsel for the parties are ad idem that CWP-4523-2022 (M/s SRS Limited Vs. Deputy Director, Directorate of Enforcement, Gurugram, Chandigarh) had been filed raising identical issue and such writ petition had been disposed of vide order dated 08.03.2022 in the following terms:
"1. This petition has been filed praying for quashing of the orders dated 22.02.2022 (Annexure P-1) issued under the provision of Section 8(4) of the PMLA Act, 2002 by the Deputy Director, Enforcement of Directorate, Gurugram Zonal Office, Chandigarh for taking possession of the various assets of the petitioner forming part of the Liquidation estate of the Corporate Debtor, attached vide Provisional Attachment Order No.1 of 2020 dated 08.01.2020 (Annexure P-3). Learned Senior counsel has fairly accepted that there is a remedy of an appeal and has infact filed an appeal before the Tribunal, but the Tribunal is not functional and consequently he is constrained to move this Court by way of writ petition.
2. Notice of motion.
3. Mr. Alok Jain, Standing counsel on behalf of the respondents, appears and accepts notice on behalf of the respondents and has very fairly accepted that the Tribunal is yet not functional.
4. In the circumstances, we dispose of the present petition with a direction that till such time the application for stay is considered and decided by the Tribunal, no coercive action be taken against the petitioner.
5. Petition stands disposed of in above terms.
6. Since the main case has been decided, the pending application, if any, also stands disposed of."
4. In view of the above, instant petition also stands disposed of in terms of order dated 08.03.2022 passed in CWP-4523-2022.
AI
The non-functionality of the Tribunal and the petitioner's request for a stay on coercive action pending the decision by the Tribunal influenced the court's decision.
The court emphasized the availability of an alternate efficacious remedy within the scope of the PMLA Act and upheld the decision to relegate the Appellant/Bank to the Adjudicating Authority.
The maintainability of a petition challenging impugned orders under the Prevention of Money Laundering Act (PMLA) when the same orders had already been dealt with in a previous order, and the petitio....
Writ petitions are not entertained when alternative statutory remedies are available under the relevant legislation, emphasizing adherence to legal protocols for addressing grievances.
The appeal process to the Appellate Tribunal under Section 26 of the PMLA Act is available to persons aggrieved by an order made by the Adjudicating Authority.
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