Deepak Sharad Jare vs Joint Director Directorate Of Enforcement

Present appeal has been filed against the impugned order dated 09.01.2014 vide which Provisional Attachment Order No.10/2013 dated 23.09.2013 was confirmed.

During the arguments Ld. Counsel for appellants submitted that he wants to stress only one ground to press these appeals that the appellants have not received any notice and relevant documents on 07.11.2013 from the Ld. Adjudicating Authority, however, in sub-para (3) of para 14 of the impugned order dated 09.01.2014, it is mentioned that none attended on behalf of the appellant in-spite of service of notice and relevant documents on 07.11.2013 as per acknowledgement. The notice is silent as to on which date the said notice was issued alongwith relevant documents through registered post with AD and/or if through messenger who served the same on the appellants. He stressed that as no notice is served upon the appellants, he was unable to appear before Ld. Adjudicating Authority to file his reply. Prayer was accordingly made to allow the present appeals and thereby remand back the case to Ld. Adjudicating Authority to give opportunity to the appellants for representation.

On the other hand, Ld. Counsel for respondent ED submitted that contention of the appellants that they have not received the copy of notice issued by Ld. Adjudicating Authority u/s 8(1) of the PMLA Act is false and incorrect being contrary to the record. He stressed that appellant Deepak Sharad Jare himself received the notice on 07.11.2013 for the date of hearing fixed on 09.12.2013. In support of his contention, he pointed out the acknowledgement receipt dated 07.11.2013 bearing the signatures of the appellant Deepak Sharad Jare. He submitted that simply because the acknowledgement receipt in not counter signed by the person affecting the service of notice alongwith documents is no ground to doubt the service on the appellants. He further pointed out that on 23.01.2014 Smt. Sangeeta Deepak Sharad Jare signed the acknowledgement on her behalf and on behalf of her husband for receiving the copy of the notice to show cause in OC No.232/2013 issued by Ld. Adjudicating Authority (PMLA, New Delhi) informing about the next date of hearing as 28.02.2014, which is annexed as Annexure-A to the affidavit regarding service filed in appeal No.572/2014 by respondent ED. He further drawn our attention that appellant Smt. Sangeeta Deepak Sharad Jare has written a letter dated 11.02.2014 addressed to the Hon’ble Chairperson, Ld. Adjudicating Authority regarding non-receipt of notice and defective service of original complaint No.232/ 2013 dated 20.12.2013, which is at Page No.193 to 195 of appeal No.572/2014 and the contents of this particular letter clearly points towards the direction that appellants were conscious of the pending proceedings before Ld. Adjudicating Authority. Prayer was accordingly made to dismiss the present appeal on this single ground as stressed by the Ld. Counsel for the appellants.

After hearing the rival submissions, we have given our thoughtful consideration to the same. There is nothing on record to doubt the acknowledgment receipt dated 07.11.2013 bearing the signature of the Appellant Deepak Sharad Jare, in the absence of any positive assertion/ report of handwriting expert to contradict the same. Moreover, letter dated 11.02.2014 sent by appellant Sangeeta Deepak Sharad Jare addressed to the Hon’ble Chairperson, Ld. Adjudicating Authority regarding non-receipt of notice and defective service of original complaint No.232/ 2013 dated 20.12.2013, which is at Page No.193 to 195 of appeal No.572/2014, clearly points towards the direction that the appellants were aware about the pending proceedings before Ld. Adjudicating Authority. Accordingly, this only ground stressed by Ld. Counsel for the appellants is devoid of any merit and therefore the present appeals are hereby dismissed.

File be consigned to record room.

Pronounced in Open Court.