Karnataka High Court
Deputy Director vs M/S. Apkon Crushers on 20 July, 2023
Bench: Chief Justice, M.G.S. Kamal
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NC: 2023:KHC:25278-DB
WA No. 823 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 823 OF 2023 (GM-RES)
BETWEEN:
DEPUTY DIRECTOR,
DIRECTORATE OF ENFORCEMENT,
III FLOOR, "B" BLOCK,
BMTC, K.H. ROAD,
SHANTINAGAR,
BENGALURU - 560 027.
...APPELLANT
Digitally (BY SRI. A.R.L. SUNDARESHAN. ASGI. SOUTH ZONE,
signed by A/W SRI. UNNIKRISHNAN .M, ADVOCATES)
SUMA B N
Location:
High Court of AND:
Karnataka
1. M/S. APKON CRUSHERS
REG: TMK-F57-2008-09
HAVING ITS OFFICE AT
GARDEN HOUSE,GARDEN ROAD,
TUMKUR - 572 101,
REPRESENTED BY ITS PARTNER,
SMT. ASHA PRASANNA KUMAR.
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WA No. 823 of 2023
2. SRI. B.N. PRASANNA KUMAR,
S/O LATE B.C. NANJUNDAIAH,
AGED ABOUT 75 YEARS,
PARTNER M/S APKON CRUSHERS,
RESIDING AT GARDEN HOUSE,
GARDEN ROAD,
TUMKUR- 572 101.
3. SMT. ASHA PRASANNA KUMAR,
W/O. PRASANNA KUMAR,
AGED ABOUT 63 YEARS,
PARTNER M/S. APKON CRUSHERS,
RESIDING AT GARDEN HOUSE,
GARDEN ROAD,
TUMKUR - 572 101.
4. SRI. VIKRAM P BAVIKATTE,
S/O. PRASANNA KUMAR,
AGED ABOUT 37 YEARS,
PARTNER M/S. APKON KRUSHERS
RESIDING AT GARDEN HOUSE,
GARDEN ROAD,
TUMKUR - 572 101
5. PUNJAB NATIONAL BANK,
HAVING OFFICE AT #34,
KEMPEGOWDA ROAD,
GANDHINAGAR,
BENGALURU - 560 009.
...RESPONDENTS
(BY SRI. ABHISHEK .K, ADVOCATE FOR C/R-1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE
APPEAL FILED BY THE APPELLANT THEREBY SETTING ASIDE
THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP
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WA No. 823 of 2023
No-8434/2023 (GM-RES) DATED 06.07.2023 AND THEREBY
REJECT THE APPLICATION i.e., IA No-2/2023 FILED BY THE
RESPONDENT NO-1 IN THE INTEREST OF JUSTICE AND EQUITY
(ii) CALL FOR THE RECORDS OF WP NO-8434/2023 (GM-RES)
(iii) TO AWARD THE COSTS AND GRANT SUCH OTHER RELIEF
WHICH THIS HONBLE COURT MAY DEEM FIT UNDER THE
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE., DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for the parties.
2. Present appeal is against the order dated
06.07.2023 passed in W.P.No.8434/2023 by the learned
Single Judge. The principal prayer in the petition is prayer
(a) which reads;
"(a) Issue a writ of certiorari or any
other appropriate writ, order or direction
and quash the provisional attachment order
bearing No.1/2023 dated 07.02.2023
(Annexure-A) passed by respondent No.1
and the consequent complaint
O.C.No.1911/2023 dated 02.03.2023 at
Annexure-J by respondent No.1 as illegal
and bat at law."
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WA No. 823 of 2023
3. It was submitted before this Court that during
the pendency of the petition the Adjudicating Authority
was directed to decide the proceedings within a stipulated
period. As that the period was expire, an application was
filed on behalf of the respondent No.1- Directorate for
Enforcement for seeking extension of the said period. At
the same time, another application was filed on behalf of
the petitioners i.e., defendants before the Adjudicating
Authority seeking permission to the defendants to cross-
examine the Investigating Officer.
4. Learned counsel for the appellant vehemently
submits that the said application was already decided by
the Adjudicating Authority by a detailed order and the only
course open for the petitioners/defendants was to file
appeal to challenge order taking recourse under Section
26 of the Prevention of Money Laundering Act, 2002 and
without availing such remedy application was filed. As
necessary facts were not brought to the notice of the
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WA No. 823 of 2023
learned Single Judge, the learned Single Judge while
allowing the application seeking extension of time, passed
further direction permitting the petitioners to cross-
examine the Officer/Official witness.
5. The submission of the learned counsel for the
appellant is that these directions leads into nullifying the
order of the Adjudicating Order dated 14.06.2023 whereby
the very application to cross- examine the Official Witness
was rejected.
6. This being the limited issue, we deem it
appropriate to permit the parties, particularly, the
appellant to go before the learned Single Judge for
hearing of the petition and advance submission on the
background of the fact that the application seeking
permission to cross-examination of witnesses already
rejected. Till learned Single Judge hear the parties,
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pursuant to our order, the Adjudicating Authority shall not
proceed with the matter.
With these directions, the appeal is disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RU
