Karnataka High Court
Mrs Kanchana L Rao vs Directorate Of Enforcement on 4 May, 2021
Author: Satish Chandra Govindaraj
W.A. No.72 OF 2021
C/W W.A.No.101 OF 2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF MAY, 2021
PRESENT
THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT APPEAL NO.72 OF 2021 (GM-RES)
C/W
WRIT APPEAL NO.101 OF 2021
IN WRIT APPEAL NO.72 OF 2021
BETWEEN:
MRS. KANCHANA L. RAO
W/O MR. N. LAKSHMANA RAO PESHVE
AGED 48 YEARS
B-201, MANTRI PRIDE APARTMENTS
I BLOCK, JAYANAGAR
BANGALORE-560011 ... APPELLANT
(BY SRI. ADITYA SONDHI, SENIOR COUNSEL FOR
MS. MANEESHA KONGOVI, ADVOCATE OF
ARGUS PARTNER-PH)
AND:
DIRECTORATE OF ENFORCEMENT
GOVERNMENT OF INDIA
BENGALURU ZONAL OFFICE
3RD FLOOR, 'B' BLOCK BMTC
SHANTINAGAR-TTMC
KH ROAD, SHANTINAGAR
BENGALURU-560027
THROUGH THE DEPUTY DIRECTOR ... RESPONDENT
(BY SRI.M.B. NARAGUND, ASG A/W
SRI. P. PRASANNA KUMAR, ADVOCATE-PH)
THIS WRIT APPEAL IS FILED UNDER 4 OF THE HIGH
COURT OF KARNATAKA ACT, PRAYING TO SET ASIDE THE
W.A. No.72 OF 2021
C/W W.A.No.101 OF 2021
2
JUDGMENT AND ORDER OF THE LEARNED SINGLE JUDGE
DATED 18.12.2020 PASSED IN WRIT PETITION NO.24336/2016
(GM-RES), AND FURTHER BE PLEASED TO ALLOW THE WRIT
PETITION FILED BY THE APPELLANT BEARING
WP NO.24336/2016 (GM-RES) IN ITS ENTIRETY AND GRANT
SUCH OTHER AND FURTHER RELIEFS.
*****
IN WRIT APPEAL NO.101 OF 2021
BETWEEN:
MR. N. LAKSHMANA RAO PESHVE
S/O P.L. NARAYANA RAO
AGED 57 YEARS
B 201, MANTRI PRIDE APARTMENTS
I BLOCK JAYANAGAR
BANGALORE-560011 ... APPELLANT
(BY SRI. ADITHYA SONDHI, SERNIOR ADVOCATE OF
MS. MANEESHA KANGOVI, ADVOCATE)
AND:
DIRECTORATE OF ENFORCEMENT
GOVERNMENT OF INDIA
BENGALURU ZONAL OFFICE
3RD FLOOR, B BLOCK, BMTC
SHANTINAGAR-TTMC
KH ROAD, SHANTINAGAR
BENGALURU-560027
THROUGH THE DEPUTY DIRECTOR ... RESPONDENT
(BY SRI.M.B. NARGUND, ASG FOR
SRI. P. PRASANNAKUMAR, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE
THE JUDGMENT AND ORDER OF THE LEARNED SINGLE JUDGE
DATED 18.12.2020 PASSED IN WRIT PETITION NO.24366/2016
(GM-RES), AND FURTHER BE PLEASED TO ALLOW THE WRIT
PETITION FILED BY THE APPELLANT BEARING WP
NO.24366/2016 (GM-RES) IN ITS ENTIRETY AND GRANT SUCH
OTHER AND FURTHER RELIEFS.
*****
W.A. No.72 OF 2021
C/W W.A.No.101 OF 2021
3
THESE APPEALS COMING ON FOR ORDERS AND HAVING
BEEN RESERVED FOR ORDERS ON 26.03.2021, THIS DAY,
SURAJ GOVINDARAJ J., PRONOUNCED THE FOLLOWING:
JUDGMENT
1. In the above Writ Appeals the order passed by
the learned Single Judge on 18th December 2020
in W.P.No.24366/2016 c/w W.P.No.24336/2016
have been challenged.
2. The appellant in W.A.No.72/2021 is the
petitioner in W.P.No.24336/2016 and the
appellant in W.A.No.101/2021 is the petitioner in
W.P.No.24366/2016.
3. The learned Single Judge vide his detailed order
dated 18.12.2020 has held that the Writ
Petitions are not maintainable on account of
alternative and efficacious remedy being
available in terms of Section 26 of the
Prevention of Money-Laundering Act, 2002 (for
short, 'PMLA').
W.A. No.72 OF 2021
C/W W.A.No.101 OF 2021
4. As regards similar order passed in other matters,
there were certain other Writ Appeals filed in
4.1. W.A.No.107/2021 challenging the very
same judgment passed in
W.P.No.28027/2018 and
4.2. W.A.No.108/2021 passed in
W.P.No.35991/2018.
5. A co-ordinate Bench of this Court while dealing
with the said two appeals, taking into
consideration that the appellants in those
matters have already approached the Appellate
Tribunal, disposed of the Writ Appeals reserving
liberty to the appellants therein to press for
interim/protective orders before the Appellate
Tribunal and further directed the respondents
not to take any precipitative action, pending
such a decision by the Appellate Tribunal.
W.A. No.72 OF 2021
C/W W.A.No.101 OF 2021
6. In view of the aforesaid order passed in
W.A.No.107/2021 by the Co-Ordinate Bench of
this Court, the Co-ordinate Bench of this Court
having already refused to interfere in the matter
and having permitted the appellants therein to
agitate all their contentions before the Appellate
Tribunal, we are of the considered view that the
same would be applicable to the present
proceedings. Hence, we deem it appropriate to
dispose of the aforesaid appeals by relegating
the appellants to the Appellate Tribunal
reserving liberty to press for interim/protective
orders pending disposal of the appeal by the
Appellate Tribunal.
7. Pending disposal of the appeal to be filed by the
appellants and consideration of any interlocutory
application to be filed by the appellants, we
restrain the respondents from taking any
precipitative action against the appellants. If no
appeal is filed by the appellants before the
W.A. No.72 OF 2021
C/W W.A.No.101 OF 2021
Appellate Tribunal within a period of 30 days
from the date of receipt of certified copy of this
order, the above interim protection would stand
vacated automatically.
8. Accordingly, Writ Appeals are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
Prs*
