Trinity Alternative Investment Managers Ltd. v. Directorate of Enforcement

Delhi High Court · 28 Jun 2023 · 2023:DHC:4322-DB

C. Hari Shankar; Manoj Jain

MISC. APPEAL(PMLA) 8/2023

2023:DHC:4322-DB

criminal appeal_dismissed

AI Summary

The Delhi High Court dismissed PMLA appeals for lack of territorial jurisdiction, holding that appeals must be filed before the High Court within whose jurisdiction the appellant resides or carries on business as per Section 42 of the PMLA.

Full Text

MISC. APPEAL(PMLA) 8/2023& Ors. Page1 of 4
HIGH COURT OF DELHI
MISC. APPEAL(PMLA) 8/2023
TRINITY ALTERNATIVE INVESTMENT MANAGERS LTD. ..... PETITIONER
Through: Mr. Jayant Mehta, Sr. Advocate with Ms. Tannavi Sharma and
Ms. Anshika Bawa, Advocate.

VERSUS

DIRECTORATE OF ENFORCEMENT ..... RESPONDENT
Through: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani, Mr. Kavish Garach and Ms. Sejal Aneja, Advocates.

MISC. APPEAL(PMLA) 9/2023
NEELINA CHATTERJEE ..... PETITIONER

VERSUS

Mr. Kavish Garach and Mr. Sejal MISC. APPEAL(PMLA) 10/2023
SHILPA MODI ..... PETITIONER

VERSUS

MISC. APPEAL(PMLA) 8/2023& Ors. Page2 of 4

MISC. APPEAL(PMLA) 11/2023
SATISH CHANDRA SAXENA..... PETITIONER

VERSUS

DIRECTORATE OF ENFORCEMENT..... RESPONDENT

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR
HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

(ORAL)
28.06.2023 per C. HARI SHANKAR, J.

CM APPL.32720/2023 & CM APPL.32721/2023 (exemption) in MISC.

APPEAL(PMLA) 8/2023

CM APPL.32723/2023 & CM APPL.32724/2023 (exemption) in MISC.

APPEAL(PMLA) 9/2023

CM APPL.32726/2023 & CM APPL.32727/2023 (exemption) in MISC.

APPEAL(PMLA) 10/2023

CM APPL.32729/2023 & CM APPL.32730/2023 (exemption) in MISC.

APPEAL(PMLA) 11/2023

MISC. APPEAL(PMLA) 8/2023& Ors. Page3 of 4
Exemption allowed subject to all just exceptions.

1. At the outset, Mr. Vivek Gurnani, learned counsel appearing for the respondent submits that the present appeals are not maintainable before this Court. He has drawn our attention to Section 42 of the Prevention of Money Laundering Act, 2002 (“the PMLA”), which reads thus: MISC. APPEAL(PMLA) 8/2023 & CM APPL.32719/2023 (stay); MISC. APPEAL(PMLA)9/2023 & CM APPL.32722/2023 (stay); MISC. APPEAL(PMLA) 10/2023 & CM APPL.32725/2023 (stay); MISC. APPEAL(PMLA) 11/2023 & CM APPL.32728/2023 (stay)

“42. Appeal to High Court. –Any person aggrieved by any decision or

order of the Appellate Tribunal may file an appeal to the High Court within

sixty days from the date of communication of the decision or order of the

Appellate Tribunal to him on any question of law or fact arising out of such

order:

Provided that the High Court may, if it is satisfied that the appellant

was prevented by sufficient cause from filing the appeal within the said

period, allow it to be filed within a further period not exceeding sixty days.

Explanation. – For the purposes of this section, "High Court" means –

(i) The High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and

(ii) Where the Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.” (Emphasis Supplied)

2. Mr. Gurnani, learned counsel submits that since the appellants are situated within the territorial jurisdiction of the High Court of Calcutta, these appeals would have to be preferred before that Court. MISC. APPEAL(PMLA) 8/2023& Ors. Page[4] of 4

3. Mr. Mehta, learned senior counsel for the petitioner, with customary candour, does not dispute the fact that the appellants are in fact situated within the territorial jurisdiction of the High Court of Calcutta. He only submits that in similar matters, this Court has issued notice.

4. In any event, in view of the frank admission that the appellants are in fact situated within the territorial jurisdiction of the High Court of Calcutta, there is no escape from the rigour of Section 42 of the PMLA.

2,572 characters total

5. Reserving liberty to the appellantto move the appropriate Court, these appeals are dismissed for want of territorial jurisdiction.

C.HARI SHANKAR, J (VACATION JUDGE) MANOJ JAIN, J (VACATION JUDGE) JUNE 28, 2023 st

Trinity Alternative Investment Managers Ltd. v. Directorate of Enforcement

AI Summary

Full Text

JUDGMENT

Contact Us for a Free Consultation