M/S Musaddilal Gems And Jewels India ... vs Union Of India
2024 Latest Caselaw 1247 Tel

Telangana High Court

M/S Musaddilal Gems And Jewels India ... vs Union Of India on 21 March, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

         HON'BLE MRS JUSTICE SUREPALLI NANDA


                WRIT PETITION No.24600 of 2023

ORDER:

Heard Mr.Chandrasen Reddy, learned senior

counsel appearing on behalf of petitioner and learned

Counsel representing Mr.Gadi Praveen Kumar, Dy.

Solicitor General of India, appearing on behalf of

respondent Nos.1 and 2 and Mr.D.Narender Naik,

learned Counsel, appearing on behalf of respondent

No.3.

PERUSED THE RECORD

2. The Petitioner approached the Court seeking the

prayer as under:

"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare that the order passed by the respondent No. 2 in OA No. 757 of 2022 on the file of Adjudicating Authority (Under Prevention of Money Laundering Act, 2022) New Delhi, Dt.22.08.2023, is without Jurisdiction and also as illegal arbitrary, violative of principles of natural justice, against the Provisions of PMLA Act and against the settled principles of law and consequently set aside the same

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by directing the respondents to release properties gold & precious metal jewellery worth Rs. 53,98,56,497/- crores, Cash to the tune of Rs. 1,75,00,000/- and the documents seized under panchanama dt. 18.10.2022 and to pass such other order or orders as this Hon'ble Court deems fit and proper, in the interest of the justice."

3. Learned Counsel appearing on behalf of respondent

brings on record the order of the High Court at Hyderabad,

dated 12.02.2024 passed in Writ Appeal No.611 of 2023 and

learned senior counsel appearing on behalf of the petitioner

does not dispute the conclusion arrived at in the said

judgment as being applicable to the facts of the present case.

4. The learned senior counsel appearing on behalf of

petitioner seeks liberty of this Court for preferring an

appeal before the competent authority against the

order impugned in the present writ petition passed by

respondent No. 2 in OA No. 757 of 2022 on the file of

Adjudicating Authority (Under Prevention of Money

Laundering Act, 2022) New Delhi, Dt.22.08.2023

raising all the legal pleas available to the petitioner as

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per law and further seeks a direction that, the said

appeal may be directed to be disposed of within a

reasonable period.

5. Learned counsel appearing on behalf of

respondents submits that the appeal may directed to be

disposed of expeditiously.

6. Taking into consideration the submissions made by both

the learned counsel on record and duly considering the

averments made by the petitioner in the affidavit filed in

support of the present writ petition, the writ petition is

disposed of directing the petitioner herein to prefer an appeal

within a period of one(01) week from the date of receipt of

the copy of this order against the order impugned order dated

22.08.2023 passed in O.A.No.757 of 2022 on the file of

Adjudicating Authority (Under Prevention of Money

Laundering Act, 2022), New Delhi, and thereupon the

appellate authority is directed to consider the said appeal to

be preferred by the petitioner herein and pass appropriate

orders, expeditiously within a period of Four(04) months

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thereafter, in accordance to law, in conformity with the

principles of natural justice.

7. With the above observations the writ petition is

disposed of. However, in the circumstances of the case, there

shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________________ MRS JUSTICE SUREPALLI NANDA

21st March, 2024 ksl

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THE HON'BLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION No.24600 of 2023

DATED: 21.03.2024

ksl