Service of relied-upon documents: Adjudicating Authority must decide completeness and order supply with opportunity to reply.

Rule 13(2) requires supply of complete relied-upon documents in a bound paper book with affidavit and proof of service, while the Regulations permit electronic communication; factual dispute existed whether all relied-upon documents were furnished electronically. The Adjudicating Authority should determine as a factual and jurisdictional matter whether the petitioner's requested documents qualify as relied-upon documents; if so, it must direct the Enforcement Directorate to supply them and allow the petitioner a period to file a supplementary reply, leaving appellate remedy under Section 26 PMLA open.

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Issues: (i) Whether the Adjudicating Authority and the Enforcement Directorate complied with Rule 13(2) of the Adjudicating Authority (Procedure) Regulations, 2013 in supplying the complete relied upon documents to the petitioner and whether valid service was effected by electronic transmission.

Analysis: The Court examined Rule 13(2) which mandates service of complete relied upon documents in a bound paper book along with affidavit and proof of service, and noted sub rules permitting electronic communication (Rule 13(3)(iii) and Rule 13(11)) and the reference to Section 13 of the Information Technology Act, 2000. The Court observed the factual record showing that certain RUDs (RUD-1, RUD-2A, RUD-2B, RUD-3) and the Original Application were transmitted to the petitioner by electronic means and that inspection of records was permitted by the Adjudicating Authority. The Court recognised that the Adjudicating Authority has broad powers (including inspection, summons, and compelling production of documents) and that Section 8(1) and Section 8(2) PMLA require the AA to consider replies and materials placed before it. Given the factual dispute whether all relied upon documents were supplied in the prescribed form, the Court held that determination of whether the documents already furnished are the complete relied upon documents falls within the jurisdiction and fact finding function of the Adjudicating Authority. The Court therefore directed the Adjudicating Authority to first decide if the petitioner's requested documents qualify as relied upon documents and, if so, to direct the ED to supply them and to permit the petitioner a period to file a supplementary reply, leaving open appellate remedy under Section 26 PMLA.

Conclusion: The writ petition is disposed directing the Adjudicating Authority to determine whether the documents requested by the petitioner constitute relied upon documents; if so, to direct the Enforcement Directorate to supply them to the petitioner within two weeks; to permit the petitioner two weeks to file a supplementary reply upon supply; and to leave parties free to pursue remedies under Section 26 of the PMLA, 2002. The petition is disposed of accordingly.

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