2022 (12) TMI 913

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....of all the Relied-Upon Documents ("RUDs") annexed along with the Original Complaint bearing No.1802/2022. The Petitioner further seeks directions to the Respondent to extend the time period for filing the reply to the Show Cause Notice dated 22nd September, 2022, in accordance with the mandate of the PMLA. 3. The background of the case is that a provisional attachment order dated 4th August, 2022 was passed by the Directorate of Enforcement ("ED") against the Petitioner, whereby movable/immovable properties, belonging to the Petitioner, his HUF and his son, valued at Rs.14,50,74,558/-, were attached by the ED. Subsequently, on 31st August, 2022, the ED filed the Original Complaint in the matter concerning the impugned provisional attachm....

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....e reply till 22nd November, 2022, however, failed to consider the issue relating to supply of legible copies of the RUDs. The response dated 11th November, 2022 of the Respondent - Adjudicating Authority, reads as under: "I am directed to inform that (D-1 to D-3) are called upon to file their written reply(s) on the email of Adjudicating Authority ([email protected]) in MS Word as well as PDF Format or on or before 20.11.2022. You are also required to file the reply simultaneously on the email of the Complainant (dddlzoi3- [email protected]). It is also made clear that filling of the soft copy of reply in the MS Word as well as PDF Format is not a substitute for filling of reply in hard copy. Therefore, a reply in hard copy along ....

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.... also seen a copy of the bundle of documents. Several of the documents are illegible or unreadable. Be that as it may, since the issue in the present petition only relates to legible copies of the RUDs being supplied, this Court is of the opinion that the said issue need not be delved into further, as the same is moot, in light of the judgment of this Court in JK Tyre and Industries Ltd. (supra). The relevant paragraphs from the said judgment are extracted below: ""81. A conjoint reading of Section 8(1) of the PMLA and Regulation 13(2) of the Adjudicating Authority (Procedure) Regulations, 2013, leave no doubt that the Adjudicating Authority is duty bound to serve all the documents, that it has relied upon i.e., RUDs, while coming ....

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....r hearing where the complainant i.e., the ED, as also the Defendant(s), are unable to place their respective stands before the AA ought to be given. The Complainant cannot be given any preferential treatment by the Adjudicating Authority." 9. Accordingly, the following directions are issued: i. An inspection of all the original documents constituting the RUDs be given to the Petitioner or two representatives of the Petitioner, including a counsel, on 22nd December, 2022 at 11:00 a.m. ii. For the purposes of the said inspection, the Petitioner or the representatives of the Petitioner shall visit the office of the ED on the said date, and have a meeting with Mr. Amit Monga, the Investigating Officer [M:9911914869]. ....