Case Note & Summary
The Deputy Director, Directorate of Enforcement, Bangalore Zonal Office, filed a Miscellaneous Second Appeal under Section 42 of the Prevention of Money Laundering Act, 2002 (PMLA) against an order dated 08.04.2019 passed by the Appellate Tribunal under the PMLA at New Delhi. The appeal sought to confirm the provisional attachment order bearing No. 09/2018. However, the High Court of Karnataka, on 03.03.2023, granted two weeks' time to comply with office objections, with a clear direction that failure to comply would result in dismissal without reference to the Bench. Subsequently, the office objections were not complied with, leading to the automatic dismissal of the appeal. The court did not adjudicate on the merits of the case.
Headnote
A) Practice and Procedure - Dismissal for Non-Compliance - Office Objections - Prevention of Money Laundering Act, 2002, Section 42 - The High Court granted two weeks' time to comply with office objections, failing which the appeal would stand dismissed without reference to the Bench. Since the objections were not complied with, the appeal was dismissed. (Para 1)
Issue of Consideration
Whether the appeal should be dismissed for non-compliance with office objections?
Final Decision
The appeal stands dismissed for non-compliance with office objections as per the order dated 03.03.2023.
Law Points
- Non-compliance with office objections leads to dismissal of appeal
- Section 42 of Prevention of Money Laundering Act
- 2002
Case Details
2023 LawText (KAR) (03) 25
Miscellaneous Second Appeal No. 103 of 2019
Alok Aradhe, Vijaykumar A. Patil
Unnikrishnan M, Central Government Senior Panel Counsel
The Deputy Director, Directorate of Enforcement, Bangalore Zonal Office
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Nature of Litigation
Miscellaneous Second Appeal under Section 42 of the Prevention of Money Laundering Act, 2002 against an order of the Appellate Tribunal.
Remedy Sought
The appellant sought to confirm the provisional attachment order bearing No. 09/2018 passed by the appellant.
Filing Reason
The appellant challenged the order dated 08.04.2019 passed by the Appellate Tribunal (Prevention of Money Laundering Act) at New Delhi in MP-PMLA-5962/BNG/2019(STAY) and connected matters.
Previous Decisions
The Appellate Tribunal passed an order on 08.04.2019 which was challenged in this appeal.
Issues
Whether the appeal should be dismissed for non-compliance with office objections?
Ratio Decidendi
Non-compliance with office objections within the granted time leads to dismissal of the appeal without reference to the Bench.
Judgment Excerpts
Two weeks’ time is granted to comply with the office objections failing which the appeal shall stand dismissed without reference to Bench.
Vide Court Order dated 03.03.2023, office objections are not complied, hence appeal shall stand dismissed.
Procedural History
The appeal was filed on an unspecified date. On 03.03.2023, the court granted two weeks to comply with office objections. As the objections were not complied with, the appeal was dismissed on the same date.
Acts & Sections
- Prevention of Money Laundering Act, 2002: 42
