Service of relied upon documents: electronic transmission is valid, and authority must supply additional relied documents and allow supplementary replies.

Adjudicating Authority procedures under the Adjudicating Authority (Procedure) Regulations require that relied upon documents be served; electronic transmission complies with the Information Technology Act and Rule 13(11), but completeness disputes fall for the Adjudicating Authority to decide. Where petitioners identify additional documents as relied upon, the Authority must determine their status and, if they qualify, direct the Enforcement Directorate to supply them within two weeks; petitioners then receive two weeks to file supplementary replies. Aggrieved parties may seek remedies under Section 26 of the PMLA.

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Issues: (i) Whether the Adjudicating Authority/Enforcement Directorate complied with Rule 13(2) of the Adjudicating Authority (Procedure) Regulations, 2013 by serving complete relied upon documents in a bound paper book on the petitioners and whether the petitioners are entitled to relief for non-supply of such documents.

Analysis: The Court examined Rule 13 of the Adjudicating Authority (Procedure) Regulations, 2013, which requires service of summons/notice along with complete relied upon documents in a bound paper book and permits service by electronic means under sub-regulation (11). The Court noted that the Adjudicating Authority had furnished certain documents (Original Application and RUD-1, RUD-2A, RUD-2B, RUD-3) by electronic transmission and USB/PDF, and that the petitioners had made repeated requests for additional specified documents and sought time to file replies. The Court observed that the Adjudicating Authority has powers under the PMLA and the Regulations (including Rules 15, 16 and 21) to allow inspection, discovery, examination of witnesses and to receive evidence, and that questions regarding completeness of relied upon documents are within the authority's competence to decide. The Court recognized that electronic service is valid under Section 13 of the Information Technology Act, 2000 and Rule 13(11) of the Regulations, but also noted the petitioners' contention that certain documents identified by them had not been supplied in the form they sought and that they required an opportunity to file supplementary replies if further relied upon documents were supplied.

Conclusion: The petition is disposed by directing the Adjudicating Authority to first determine whether the documents requested by the petitioners constitute relied upon documents; if so, the Adjudicating Authority shall direct the Enforcement Directorate to supply such documents within two weeks. If further relied upon documents are supplied, the petitioners shall be given two weeks to file a supplementary reply. Parties aggrieved by the Adjudicating Authority's order regarding supply of relied upon documents may take appropriate steps under Section 26 of the PMLA, 2002. The directions are granted in favour of the petitioners to the extent indicated.

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