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2022 DIGILAW 1709 (SC)

Indians For Amnesty International Trust v. Union of India

2022-10-19

BELA M.TRIVEDI, UDAY UMESH LALIT

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ORDER 1. The present special leave petition challenges the judgment and order dated 08.04.2021 passed by the Karnataka High Court and the scope of the matter got limited by reason of the order passed by this Court on 13.05.2022. For facility, the text of said order is produced here : 'Mr. Kapil Sibal, learned Senior Advocate appearing for the petitioner has invited our attention to the concession given by the ASG which is recorded in paragraph 8 of the impugned order. He further submits that there was no attachment with respect to accounts mentioned at Sl. No.(a), (b) and (c) in paragraph 12 of the order which part has been quoted in paragraph 4 of the impugned order. Me. Sibal has confined his case only with respect to the accounts at Sl. Nos.(a), (b) and (c) as mentioned above. Issue notice, returnable on 11.07.2022. Dasti, in addition.' 2. After exchange of pleadings an additional affidavit has been filed on behalf of the respondents along with copy of the Provisional Attachment Order No.07/22 dated 07.10.2022 which has noted the three accounts mentioned in the order passed by this Court as under : S.No. Account No. Bank Type Balance Latest in Rs. Communication of bank dated 1 50200019793101 HDFC, Horamavu Branch, Bengaluru Current Account 93,80,748.80 Email dated 14.07.2022 2 002288700000056 Yes Bank, Kasturba Road, Bangalore Current Account 60,23,243.50 Email dated 14.07.2022 3 209044039546 Kotak Mahindra Bank, Indiranagar Branch, Bengaluru OD (-)4,36,72,581 Email dated 12.07.2022 Total Rs.1,54,03,992.30/- along with accrued interest 3. The operative part of the order dated 07.10.2022 has stated as under : '13. NOW THEREFORE, I order that the aforesaid bank accounts having balance of Rs.1,54,03,992.30/- (Rupees One Crore Fifty-Four Lakhs Three Thousand Nine Hundred Ninety-Two Only) along with accrued interest specified in 'Schedule A' above is attached provisionally in terms of Section 5(1) of PMLA, 2002 for a period of 180 days (One Hundred and Eighty) and further order that the same shall not be transferred, disposed, removed, parted with or otherwise dealt with, in any manner whatsoever, until or unless specifically permitted to do so by the undersigned. This order of attachment may cease to be effective before the expiry of the specified period of 180 days or continue to be effective thereafter in accordance with any order passed by the Adjudicating Authority under Section 8 of PMLA, 2002 whichever is earlier.' 4. This order of attachment may cease to be effective before the expiry of the specified period of 180 days or continue to be effective thereafter in accordance with any order passed by the Adjudicating Authority under Section 8 of PMLA, 2002 whichever is earlier.' 4. In view of the aforestated order, we see no reason to entertain this Special Leave Petition which is accordingly dismissed. 5. We, however, reserve the rights of the petitioner to challenge the aforestated order dated 07.10.2022 in accordance with law and dismissal of this Special Leave Petition shall not be taken to be a reflection on merits or demerits of rival contentions. 6. Pending interlocutory application(s), if any, stands disposed of.