Bombay High Court
Brightcareer Consultancy ... vs Union Of India And 2 Ors on 13 December, 2022
Bench: Dhiraj Singh Thakur, Abhay Ahuja
13-WPL-5122-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally WRIT PETITION (LODGING) NO. 5122 OF 2021
signed by
SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR Date:
Brightcareer Consultancy Services Pvt. Ltd.
2022.12.15
17:23:43 {Amalgamated entity of M/s. Heritage
+0530
Infravision Private Limited} ... Petitioner
Versus
1. Union of India
& 2 Ors. ...Respondents
*****
Mr.A.V. Anturkar, Senior Advocate with Mr.Yatin Malvankar,
Mr.Kapil Hirani and Mr.Ranjit D. Shinde, Advocates for
petitioner.
Mr.Ajinkya Jaibhave, Advocate for respondent No.1-Union of
India.
Mr.Suresh Kumar, Advocate for revenue.
CORAM : DHIRAJ SINGH THAKUR &
ABHAY AHUJA, JJ.
DATE : 13th DECEMBER , 2022.
PC:
1. The petitioner in the present case, apart from challenging
the constitutional validity of the provisions of the Benami
Transactions (Prohibition) Amendment Act, 2016, has also
challenged the order dated 23 rd December 2019, whereby a
reference was made by respondent No.2 to respondent No.3 in
Shraddha Talekar, PS 1/3
13-WPL-5122-2021.doc
terms of Clause (5) of section 24 of the Amendment Act, 2016 and
the order dated 31st December 2019 by virtue of which the
concerned authority had issued a provisional order of
attachment,.
2. Learned Senior Counsel for the petitioner states that during
the pendency of the present petition, and in the interregnum, the
Apex Court in the case of Union of India & Anr. Vs. Ganpati
Dealcom Pvt. Ltd. 1 has, inter-alia, held sections 3 and 5 of the
Benami Transactions (Prohibition) Amendment Act, 2016 as
having only prospective operation. On a perusal of the judgment
and order dated 23rd August 2022 passed by the Apex Court, it
can be seen that the Apex Court has directed the authorities not
to initiate or continue criminal prosecution or confscation
proceedings for transactions entered into prior to coming into
force of the Act, 2016, i.e., 25-10-2016 and that as a consequence
of the above declaration, all such prosecutions or confscation
proceedings would stand quashed.
3. In the present case, the alleged date of transaction, as
contained and refected in the show cause notice, dated 31 st
1 2022 SCC OnLine SC 1064
Shraddha Talekar, PS 2/3
13-WPL-5122-2021.doc
December 2019 would show the same as '30 th May 2013' and '19th
August 2013' which Mr. Suresh Kumar admits are much before
coming into force of the Amendment Act, 2016.
4. It is, therefore, admitted by the learned counsel for the
parties that the case of the petitioner is squarely covered by the
Apex Court judgment in the case of Ganpati Dealcom Pvt. Ltd.
(Supra), and therefore, all criminal prosecutions and attachment
orders would have to be withdrawn by the authorities.
5. Considering the directions of the Apex Court in the case of
Ganpati Dealcom Pvt. Ltd. (Supra), the provisional order of
attachment dated 31st December 2019, and order of reference
dated 23rd December 2019 shall stand quashed.
6. Writ petition is disposed of accordingly.
[ ABHAY AHUJA, J. ] [DHIRAJ SINGH THAKUR, J.]
Shraddha Talekar, PS 3/3
