2015 (7) TMI 1324

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....and according to him, his wife is a Woman Entrepreneur acting as Managing Director of Gowin Diary Products Private Limited and Proprietrix of Sri Krishna Shelters, a company doing real estate and construction business. 3.A perusal of the affidavits, filed in support of these writ petitions, would disclose the following facts:- 3(i) The Superintendent of Police, Special Police Establishment (SPE), Central Bureau of Investigation, Anti Corruption Branch, (CBI - ACB), Nungambakkam, Chennai, has registered a case in Crime No.RC MA1 2011 A 0003 against the petitioners, for the alleged commission of offences under Section 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988, and under Sections 109 IPC read with Section 13(2)....

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....s filed W.P.No.8831/2015 challenging the Provisional Order of Attachment dated 12.3.2015, and notice was ordered and however, no interim order was granted. 3(v) Both the petitioners challenging the legality of the show cause notice dated 30.3.2015, filed W.P.Nos.15305 and 15306 of 2015 respectively, and this Court, taking note of the fact that during the course of hearing, the Adjudicating Authority, without granting time for adjournment, has reserved orders, the submission made by the learned Additional Solicitor General of India, that final order has been passed by the Adjudicating Authority on 26.5.2015, and also the submission of the learned Senior Counsel appearing for the petitioners, that they may be granted liberty to chall....

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....ve for adjudication and therefore, there is no point in preferring an appeal also and prays for appropriate orders. 7.Per contra, Mr.M.Dhandapani, learned Standing Counsel, who accepted notice on behalf of the respondents 1 and 2, would submit that as against the order passed by the Adjudicating Authority under Section 8 of PMLA, the petitioners are having an effective alternate remedy under Section 26 of PMLA and as per Section 26(3), the appeal has to be preferred within a period of 45 days from the date on which the copy of the order made by the Adjudicating Authority or Director is received and as per the proviso to the said Section, the Appellate Tribunal, after giving an opportunity of being heard, can entertain the appeal after th....

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....learned Senior Counsel appearing for the petitioners, that the second respondent had also seized Rs. 50 lakhs being proceeds of crime and is also attempting to open the two lockers and take away it's contents, the legality of the said act cannot be considered by this Court at this stage, in these writ petitions, for the reason that the petitioners are having an effective alternate remedy under Section 26 of PMLA. 13.No doubt, there is no provision for stay in respect of the appeals to be preferred under Section 26 of PMLA. However, it is settled position of law that the Appellate Authority being the creature of a Statute, is having inherent power, to grant interim orders pending disposal of the appeal, and in such a view of the matte....