2026 (5) TMI 203

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....tes for Respondent No.1/Union of India. Mr. Zoheb Hossain, Advocate for ED. JUDGMENT PER DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) 1. Heard the learned Counsel for the Parties. 2. This Intra-Court Appeal seeks to take an exception to an order dated 17.03.2026 ("Impugned Order") passed by the learned Single Judge in W.P.(C) 12692/2025 ("Writ Petition") whereby the learned Single Judge has disposed of the Writ Petition with an observation that the Appellant will have to challenge the order passed by the Adjudicating Authority ("Authority") under Section 8 of the Prevention of Money Laundering Act, 2002 ("PML Act") by way of availing the remedy of statutory appeal under the said Act. 3. The Writ Petition by the Appellant was preferre....

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.... and until some extraordinary circumstances exist, ordinarily, the Writ Court should not entertain a writ petition if an equally efficacious statutory remedy of appeal is available and, therefore, the Impugned Order does not suffer from any error, and hence, no interference in this Appeal is called for. 8. It has also been argued that merely because while entertaining the Writ Petition, an Interim Order was passed on 01.09.2025, there is no legal compulsion for the Writ Court to decide the matter finally and not to relegate the Appellant to the statutory remedy of appeal. 9. We have given our anxious consideration to the competing submissions made by the learned Counsel for the Parties and have also gone through the records available ....

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....e Judge on 01.09.2025, which makes any impending action or order to be taken or made by the State authorities to be subject to the outcome of the Writ Petition, ordinarily, the adjudication in respect of the legalities / illegality of the impending action or order needs to be made. However, this cannot be an absolute principle to be followed by the Writ Courts. In appropriate cases, the availability of a statutory appellate remedy under the enactment can be taken into account, and instead of adjudicating the issue finally, the Writ Court can relegate the Petitioner to invoke the remedy of statutory appeal. 13. If we examine the Impugned Order on the anvil of the aforesaid legal principles, what we find is that the learned Single Judge ha....