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2024 Supreme(All) 305

SANGEETA CHANDRA, AJAI KUMAR SRIVASTAVA I
Ajeet Pandey – Appellant
Versus
Directorate Of Enforcement – Respondent


Advocates Appeared:
For the Petitioner: Ashish Chaturvedi
For the Respondent: Kuldeep Srivastava, A.S.G.I.

JUDGMENT :

1. Heard Shri N. K. Seth, learned Senior Advocate assisted by Shri Ashish Chaturvedi, for the petitioner and Shri Kuldeep Srivastava, appearing for the Opposite party no.1.

2. This petition has been filed by the petitioner for the following main prayer:-

    "1) Issue a writ, order or direction in the nature of Mandamus directing the Respondent no.3 to take steps for constituting the Adjudicating Authority in terms of the mandate of Section 6 of the Prevention of Money Laundering Act, 2002."

3. An application for interim relief has also been filed wherein the following prayers have been made:-

    "a) Stay further proceedings before the Adjudicating Authority as well as operation of the Provisional Attachment Order No. 09/2023 [u/s 5(1)] dated 17.11.2023 (Annexure No.1) and all conse quential proceedings arising therefrom including the Original Complaint No. 2119/2023 dated 12.12.2023 (Annexure No.2) filed before the Adjudicating Authority (u/s 5(5)] and the Show Cause Notice dated 14.12.2023 (Annexure No.3) issued by the Adjudicating Authority [u/s 8(1)] as they are nullity in the eyes of the law during the pendency of the Writ Petition.

b) Hold that until the Respondent No. 2 Adjud

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