P.Gopalakrishnan @ Dileep vs The Assistant Director ...
2021 Latest Caselaw 11119 Ker

WP(C).No.8554 OF 2021(T)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8554 OF 2021(T)

PETITIONER/S:

                P.GOPALAKRISHNAN @ DILEEP
                AGED 53 YEARS
                S/O. SRI. PADMANABHA PILLAI, RESIDING AT
                PADMASAROVARAM, KOTTARAKKADAVU ROAD, ALUVA-683 101,
                ERNAKULAM DISTRICT, KERALA.

                BY ADVS.
                SRI.JOSEPH KODIANTHARA (SR.)
                SRI.V.ABRAHAM MARKOS
                SRI.ABRAHAM JOSEPH MARKOS
                SRI.ISAAC THOMAS
                SRI.P.G.CHANDAPILLAI ABRAHAM
                SHRI.ALEXANDER JOSEPH MARKOS
                SHRI.SHARAD JOSEPH KODANTHARA

RESPONDENT/S:

      1         THE ASSISTANT DIRECTOR (ADJUDICATION)
                DIRECTORATE OF ENFORCEMENT, PREVENTION OF MONEY
                LAUNDERING ACT AND FOREIGN EXCHANGE AND MANAGEMENT
                ACT, GOVERNMENT OF INDIA, MINISTRY OF FINANCE,
                COCHIN ZONE, KANOOS CASTLE, AK SHESHADRI ROAD,
                KOCHI-682 011

      2         THE SPECIAL DIRECTOR (APPEALS),COMMISSIONER OF
                INCOME TAX (APPEALS), MAIN BUILDING 2ND FLOOR, NO.
                121, M.G. ROAD, NUNGAMBAKKAM, CHENNAI-60003.

      3         THE DEPUTY DIRECTOR,DIRECTORATE OF ENFORCEMENT,
                GOVERNMENT OF INDIA, MINISTRY OF FINANCE, COCHIN
                ZONAL OFFICE, KANOOS CASTLE, AK SHESHADRI ROAD,
                MULLASSERY CANAL ROAD WEST, KOCHI-682 011

OTHER PRESENT:
             ASGI SRI.P.VIJAYAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8554 OF 2021(T)
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                                  JUDGMENT

Dated this the 7th day of April 2021

The petitioner is aggrieved by Ext.P4 order passed by the 1 st

respondent. A statutory appeal Ext.P5 is filed before the 2 nd

respondent. It is stated that the said appeal is not being taken

up. In the meanwhile the petitioner has received Ext.P7 demand

notice.

Therefore, the Writ Petition is disposed of with a

direction to the 2nd respondent to consider and pass orders on

Ext.P5 appeal and to pass orders on Ext.P6 stay petition within

a period of two months in accordance with law. In the meanwhile

proceedings based on Ext.P7 shall be kept in abeyance, till

orders are passed on Ext.P6 application for stay.

Sd/-

                                                  P.V.ASHA

rkc                                                JUDGE
 WP(C).No.8554 OF 2021(T)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE SHOW CAUSE NOTICE DATED

08.03.2019 UNDER REGULATION 4 OF THE FOREIGN EXCHANGE MANAGEMENT (BORROWING AND LENDING IN RUPEES) REGULATIONS ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF COMPLAINT DATED 30.11.2018.

EXHIBIT P3 TRUE COPY OF THE REPLY FILED BY THE PETITIONER WITHOUT ENCLOSED DOCUMENTS.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 25.02.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COVERING LETTER DATED 25.06.2020 ALONG WITH THE APPEAL MEMO (WITHOUT THE ANNEXURES THERETO) FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE STAY PETITION DATED 26.06.2020 ALONG WITH SUPPORTING AFFIDAVIT FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE DEMAND NOTICE DATED 19.03.2021 ISSUED BY THE 3RD RESPONDENT.