Telangana High Court
M/S Musaddilal Gems And Jewels India ... vs Union Of India on 21 March, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.24600 of 2023
ORDER:
Heard Mr.Chandrasen Reddy, learned senior counsel appearing on behalf of petitioner and learned Counsel representing Mr.Gadi Praveen Kumar, Dy. Solicitor General of India, appearing on behalf of respondent Nos.1 and 2 and Mr.D.Narender Naik, learned Counsel, appearing on behalf of respondent No.3.
PERUSED THE RECORD
2. The Petitioner approached the Court seeking the prayer as under:
"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare that the order passed by the respondent No. 2 in OA No. 757 of 2022 on the file of Adjudicating Authority (Under Prevention of Money Laundering Act, 2022) New Delhi, Dt.22.08.2023, is without Jurisdiction and also as illegal arbitrary, violative of principles of natural justice, against the Provisions of PMLA Act and against the settled principles of law and consequently set aside the same 2 SN,J WP_24600_2023 by directing the respondents to release properties gold & precious metal jewellery worth Rs. 53,98,56,497/- crores, Cash to the tune of Rs. 1,75,00,000/- and the documents seized under panchanama dt. 18.10.2022 and to pass such other order or orders as this Hon'ble Court deems fit and proper, in the interest of the justice."
3. Learned Counsel appearing on behalf of respondent brings on record the order of the High Court at Hyderabad, dated 12.02.2024 passed in Writ Appeal No.611 of 2023 and learned senior counsel appearing on behalf of the petitioner does not dispute the conclusion arrived at in the said judgment as being applicable to the facts of the present case.
4. The learned senior counsel appearing on behalf of petitioner seeks liberty of this Court for preferring an appeal before the competent authority against the order impugned in the present writ petition passed by respondent No. 2 in OA No. 757 of 2022 on the file of Adjudicating Authority (Under Prevention of Money Laundering Act, 2022) New Delhi, Dt.22.08.2023 raising all the legal pleas available to the petitioner as 3 SN,J WP_24600_2023 per law and further seeks a direction that, the said appeal may be directed to be disposed of within a reasonable period.
5. Learned counsel appearing on behalf of respondents submits that the appeal may directed to be disposed of expeditiously.
6. Taking into consideration the submissions made by both the learned counsel on record and duly considering the averments made by the petitioner in the affidavit filed in support of the present writ petition, the writ petition is disposed of directing the petitioner herein to prefer an appeal within a period of one(01) week from the date of receipt of the copy of this order against the order impugned order dated 22.08.2023 passed in O.A.No.757 of 2022 on the file of Adjudicating Authority (Under Prevention of Money Laundering Act, 2022), New Delhi, and thereupon the appellate authority is directed to consider the said appeal to be preferred by the petitioner herein and pass appropriate orders, expeditiously within a period of Four(04) months 4 SN,J WP_24600_2023 thereafter, in accordance to law, in conformity with the principles of natural justice.
7. With the above observations the writ petition is disposed of. However, in the circumstances of the case, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA 21st March, 2024 ksl 5 SN,J WP_24600_2023 THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.24600 of 2023 DATED: 21.03.2024 ksl