Pigeon Education Technology India ... vs The Directorate Of Enforcement
2024 Latest Caselaw 26766 Kant

Karnataka High Court

Pigeon Education Technology India ... vs The Directorate Of Enforcement on 8 November, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                            -1-
                                                         NC: 2024:KHC:45250
                                                         RP No. 514 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 8TH DAY OF NOVEMBER, 2024
                                         BEFORE
                        THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                            REVIEW PETITION NO. 514 OF 2023
                   BETWEEN:

                   PIGEON EDUCATION TECHNOLOGY INDIA PRIVATE LIMITED
                   A COMPANY INCORPORATED UNDER
                   THE COMAPNIES ACT 2013
                   HAVING ITS REGISTERED OFFICE AT
                   INDIQUBE ALPAH NO 19/4, 27, OPR,
                   KADUBEESANAHALLI,
                   BENGALRU 560 103.
                   REP BY ITS DIRECTOR
                   MR. VEDANT HEAMIWASIA.
                                                           ...PETITIONER
                   (BY SRI. KARAN JOSEPH.,ADVOCATE)

                   AND:

                   1.   THE DIRECTORATE OF ENFORCEMENT
                        BANGALORE ZONAL OFFICE,
                        3RD FLOOR, B BLOCK,
Digitally signed        BMTC SHANTHINAGAR, TTMC,
by SHARADA              KH ROAD, SHANTHINAGAR
VANI B                  BENGAURU 560 027.
Location: HIGH
COURT OF
KARNATAKA          2.   THE ASSISTANT DIRECTOR,
                        DIRECTORATE OF ENFORCEMENT,
                        BANGALORE ZONAL OFFICE,
                        3RD FLOOR, B BLOCK,
                        BMTC SHANTHINAGAR, TTMC,
                        KH ROAD, SHANTHINAGAR
                        BENGAURU 560 027.

                                                         ...RESPONDENTS
                   (BY SRI. MADHUKAR M DESHPANDE.,ADVOCATE)
                              -2-
                                          NC: 2024:KHC:45250
                                         RP No. 514 of 2023



     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 R/W SECTION 114 OF CPC 1908 R/W ARTICLSES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
REVIEW ITS JUDGMENT DATED 19/09/2023 IN WRIT PETITION
NO. 11532/2023 (AT ANNEXURE-A), TO AND GRANT SUCH
OTHER AND FURTHER RELIEFS AS ARE JUST.
     THIS REVIEW PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE KRISHNA S DIXIT

                       ORAL ORDER

Learned counsel for the review petitioner submits

that in the judgment now put in review, nothing is stated

about his client's application filed under Article 226 of the

Constitution read with Order VI Rule 17 of CPC seeking

leave to amend the petition. He adds that the amendment

was to lay a challenge to another similar order dated

12.07.2023 and therefore review is eminently warranted.

2. Learned Panel Counsel appearing for answering

respondents opposes the petition contending that the said

order dated 12.07.2023 has lost its identity, the same

having merged into the order passed by the authority

u/s.37(A) of FEMA vide NOOR MOHAMMED vs. STATE

OF UTTAR PRADESH, AIR OnLINE 2020 ALL 129 and

NC: 2024:KHC:45250

because of this development the review petition is not

maintainable.

3. Having heard the learned counsel for the parties

and having perused the petition papers, I am broadly in

agreement with the submission made by learned Panel

Counsel appearing for the authorities. It needs to be

stated that for undertaking review there has to be an

order. Since the order that was sought to be challenged

by way of amendment of writ petition has merged into

statutory order u/s.37(A), the subject application now

pales into insignificance. Thus no ground is made out for

exercise of review jurisdiction.

With the above observations, petition is disposed off reserving liberty to the petitioner to take appropriate proceedings so far as his grievance arising from the order dated 12.07.2023 which has since merged into another order. In that connection all contentions are kept open.

Sd/-

(KRISHNA S DIXIT) JUDGE Snb/