Directorate Of Enforcement vs Sri. M. Jayaram
2023 Latest Caselaw 1729 Kant

                                               -1-
                                                           WA No. 232 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 7TH DAY OF MARCH, 2023

                                            PRESENT

                    THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                              AND

                            THE HON'BLE MR JUSTICE ASHOK S.KINAGI


                          WRIT APPEAL NO. 232 OF 2023 (GM-RES)

                   BETWEEN:

                   DIRECTORATE OF ENFORCEMENT
                   BANGALORE ZONAL OFFICE,
                   3RD FLOOR, BLOCK B, BMTC BUILDING,
                   K H ROAD, SHANTINAGAR,
                   BANGALORE 560027
                   REPRESENTED BY ITS ASSISTING DIRECTOR
                   SRI SHAILENDRA KUMAR CHOUBEY
                                                                 ...APPELLANT
Digitally signed   (BY SRI. SHANKARA NARAYANAN, ASGI SOUTH INDIA
by R DEEPA
Location: High
                       FOR SRI. MADHUKAR M DESHPANDE, CGC)
Court of
Karnataka
                   AND:

                   1.    SRI. M. JAYARAM
                         S/O LATE SHRI H MAYANNA,
                         AGED ABOUT 67 YEARS,
                         R/AT IRUBANAHALLI,
                         NAGAMANGALA TALUK,
                         MANDYA DISTRICT 571418

                   2.    THE ADJUDICATING AUTHORITY
                         UNDER PMLA, 2002
                         4TH FLOOR, JEEVANDEEP BUILDING,
                               -2-
                                         WA No. 232 of 2023




    SANSAD MARG,
    NEW DELHI 110001
                                             ...RESPONDENTS


     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 25/08/2022 PASSED BY THE LEARNED
SINGLE JUDGE IN WP NO.22547/2021 ON IA NO.2/2022.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, DELIVERED THE
FOLLOWING:

                          JUDGMENT

The present appeal challenges the order passed by

the learned Single Judge on 25.08.2022, in W.P.No.

22547/2021. Copy of the said order is placed on record.

Perusal of the order show that an interim order was

passed by the learned Single Judge on 23.12.2021 and on

the said date i.e., on 25.08.2022, the said interim order

was modified and substituted interim order is passed by

the learned Single Judge. The ground raised before this

Court is, learned Single Judge missed to appreciate certain

facts.

2. After arguing for some time, learned counsel for

the appellant pray for withdrawal of the appeal with liberty

WA No. 232 of 2023

to approach the learned Single Judge by fling necessary

application including an application seeking vacation of the

order dated 25.08.2022. Accordingly, the appeal is

allowed to be withdrawn with liberty as prayed for.

Needless to state that if such application is filed before the

learned Single Judge, learned Single Judge is requested to

consider the application on its own merits and pass

appropriate orders.

3. With the above directions, the writ appeal is

disposed as withdrawn. In view of disposal of the appeal,

no orders are required to be passed on the pending

applications and are accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE RD