Syed Akeel Shah vs Directorate Of Enforcement ...
2022 Latest Caselaw 1867 j&K/2

                                                   S. No. 74
                                                   Before Notice Matters
      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                 AT SRINAGAR
                                                          CM No. 6056/2022
                                                     In FAO(OS) No. 02/2022
                                                          CM No. 6057/2022


Syed Akeel Shah
                                                        .....Appellants(s)

                         Through:     Mr. Salih Pirzada, Adv.
      V/s
Directorate of Enforcement through its Director and anr. ..... Respondent(s)

                         Through:     Mr. T. M. Shamsi, DSGI
                                      with Ms. Nazima, Adv.
CORAM:
            Hon'ble Mr. Justice Sanjay Dhar, Judge.
            Hon'ble Mr. Justice Wasim Sadiq Nargal, Judge

                                    ORDER

29.10.2022 CM No. 6056/2022:

For the reasons stated in the application, the same is allowed and the

requirement of filing certified copy judgment dated 18.10.2022, for the time

being is dispensed with. However, the appellant shall file the same as and when

the same becomes available to him.

CMs disposed of.

FAO (OS) No.02/2022:

1) The appellant has called into question the order dated 27.10.2022

passed by Appellate Tribunal PMLA, New Delhi in case titled Syed

Akeel Shah Vs. Directorate of Enforcement and anr (FPA-PMLA

4989/JM/2022) whereby the learned Tribunal has observed that it is Page |2 CM No. 6056/2022 In FAO(OS) No. 02/2022 CM No. 6057/2022

not inclined to hear the appeals urgently, whereafter the case has been

posted before the appropriate Bench on 02.11.2022

2) It has been contended by learned counsel for the appellant that this

Court while deciding the LPA against the judgments dated 18.10.2022

passed in writ petitions bearing WP(C) Nos. 2269/2022 and

2270/2022 has vide judgment dated 20.10.2022 passed in LPA No.

203/2022 and LPA No. 204/2022 observed that the apprehension of

the appellant relating to immediate action against them by the

respondents is borne out from the record. But inspite of this, the

learned Tribunal has declined to hear the said appeals urgently.

3) We have heard learned counsel for the appellant and perused the

material on record.

4) It appears that in an earlier round of litigation wherein the appellants

had challenged the notice issued by the respondents under Section

8(4) of the PMLA Act, learned writ court had declined to grant

indulgence in favour of the appellants and the writ petition came to be

dismissed vide judgment and order dated 18.10.2022 passed in WP(C)

No. 2269/2022. The said judgment was challenged by the appellant by

way of LPA before this Court and the same was also dismissed by a

Division Bench of this Court by observing that the appellants cannot

bypass the remedy of appeal by invoking writ jurisdiction of this

Court simply by laying challenge to the proceedings which are

essentially offshoot of the order passed by the Adjudicating Authority

which is appealable under Section 26 of the PMLA Act. It was further Page |3 CM No. 6056/2022 In FAO(OS) No. 02/2022 CM No. 6057/2022

observed that if at all the appellants apprehend immediate action

against them by the respondents, which apprehension is borne out

from the record, it is open to them to immediately approach the

Appellate Authority and persuade the said Authority to stay the

impugned order of attachment. It seems that at the time when the

appeal was heard by the Appellate Tribunal, the aforesaid judgment of

the Division Bench was not brought to the notice of the learned

Tribunal by the appellants. This is clear from a perusal of the

impugned order.

5) In the above circumstances, this appeal is disposed of with a direction

to the Appellate Tribunal to hear the application of the appellants for

staying the order of Adjudicating Authority urgently in light of

observations made by Division Bench of this Court in the aforesaid

judgment. The learned Tribunal would do well to accord consideration

to the prayer of the appellant on next date of hearing itself i.e, on

02.11.2022.

                      (Wasim Sadiq Nargal)                (Sanjay Dhar)
                           Judge                             Judge

SRINAGAR
29.10.2022
"Aasif"