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Issues: Whether the Original Side Rules required amendment to provide a case code and hearing procedure for appeals under section 42 of the Prevention of Money Laundering Act, 2002; whether an appeal under section 42 could be entertained on the Original Side where the respondent was outside the Court's ordinary original civil jurisdiction; and the procedural course for the time-barred appeal and the accompanying application for condonation of delay.
Analysis: The existing rules covered appeals under several enactments but did not specifically provide for appeals under section 42 of the Prevention of Money Laundering Act, 2002. The absence of a separate code and procedure was treated as an administrative omission requiring the attention of the Chief Justice and the appropriate committee for possible amendment of the Original Side Rules. The explanation to section 42, as to territorial competence when the Central Government is the appellant, was noted as raising a further issue regarding maintainability on the Original Side when the respondent is outside the Court's ordinary original civil jurisdiction. Since the appeal had already been assigned, the Court proceeded only on the procedural aspect and directed service of the condonation application and a report on limitation.
Outcome: No final adjudication was made on the merits of the appeal or on the maintainability issue. Administrative and procedural directions were issued, and the condonation application was directed to be served and listed.