- 1 - HC-KAR NC: 2025:KHC:38657-DB MSA No. 108 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS SECOND APPEAL NO.108 OF 2019 (PMLA) BETWEEN: THE JOINT DIRECTOR DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA DELHI. …APPELLANT (BY SRI ARAVIND KAMATH, ASGI ALONG WITH SRI JAYAKAR SHETTY, ADVOCATE) AND: M/S. JANANI INFRASTRUCTURE PRIVATE LIMITED NO.24, 1ST MAIN ROAD NEAR BHASHYAM CIRCLE PETROL PUMP VYALIKAVAL BENGALURU-03. …RESPONDENT * * * THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 42 OF PREVENTION OF MONEY LAUNDERING ACT, 2002 PRAYING TO SET ASIDE THE ORDERS DATED 13-2-2018, PASSED BY THE APPELLATE TRIBUNAL UNDER PREVENTION OF MONEY LAUNDERING ACT, 2002, IN FPA-PMLA-436/DLI/2013 AND PASS SUCH OTHER ORDERS AS DEEMED FIT, IN THE INTEREST OF JUSTICE. THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38657-DB MSA No. 108 of 2019 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed by the Joint Director, Directorate of Enforcement, Government of India, under Section 42 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the "PMLA Act") impugning the order dated 13.02.2018 passed by the Appellate Tribunal under the PMLA Act. This appeal was filed in the year 2019. The appeal remained pending for six long years before this Court without the Directorate of Enforcement showing any urgency regarding hearing of the appeal. 2. The application for condoning the delay of six days came to be filed only in the year 2025, and another application, I.A.No.2/2025, also came to be filed by the Directorate of Enforcement seeking dispensation of production of certified copy of the order passed by the Appellate Tribunal. Though I.A. was filed for staying the operation of the impugned order, no steps were taken for service of notice on the respondent. - 3 - HC-KAR NC: 2025:KHC:38657-DB MSA No. 108 of 2019 Considering total non-seriousness on behalf of the Directorate of Enforcement in prosecuting the appeal, vide order dated 17.09.2025, we directed the Joint Director, Directorate of Enforcement, Karnataka Zone, to be present before this Court on the next date of hearing i.e., on 18.09.2025. 3. As the case pertains to the Hyderabad Zone, Sri. Rohith Anand, the Joint Director, Directorate of Enforcement, Hyderabad Zonal Office has appeared through online. 4. Sri. Aravind Kamath, learned Additional Solicitor General of India, submitted that he has examined the appeal and he has advised the department to withdraw the appeal and not to pursue the same. 5. As we found that the department was not serious enough to prosecute the appeal after filing it, especially as the application for condoning the delay was filed in 2025, though the appeal was filed in the year 2019, we directed, vide order dated 18.09.2025, the Joint Director to file his personal affidavit stating that every petition/appeal shall be carefully vetted before filing the same before this Court so as to avoid - 4 - HC-KAR NC: 2025:KHC:38657-DB MSA No. 108 of 2019 the frivolous litigation by the Directorate of Enforcement. The order dated 18.09.2025 reads as under: "In compliance of the order dated 17.09.2025, Sri. Rohith Anand, Joint Director, Directorate of Enforcement, Hyderabad Zonal office, has appeared through online. Sri. Aravind Kamath, learned Additional Solicitor General of India, assisted by Sri. Jayakar Shetty, learned Central Government counsel for the appellant, submits that the Officer will file an affidavit stating that every petition/appeal shall be vetted before filing by the competent lawyer so that the frivolous or unmeritorious litigation is not undertaken by the ED before this Court. We take the said statement made by learned ASGI on record and direct Sri. Rohith Anand, Joint Director, Directorate of Enforcement, Hyderabad Zonal office, to file the affidavit in those terms on or before 23.09.2025. Post this appeal on 23.09.2025." 6. In compliance with the aforesaid order dated 18.09.2025, the affidavit of Sri. Rohith Anand, the Joint Director, Directorate of Enforcement has been tendered today in Court. The affidavit, upon reproduction, reads as under: 1. "I am filing this affidavit in terms of the directions dated 18th September 2025 issued by this Hon'ble Court. 2. I undertake to review all cases to be filed by my office before this Hon'ble Court under the provisions of the Prevention of Money Laundering Act, 2002 or any other - 5 - HC-KAR NC: 2025:KHC:38657-DB MSA No. 108 of 2019 related law. I shall objectively review each case before it is presented, in order to ensure that no frivolous case is filed. 3. I further undertake to remain vigilant in respect of all pending cases before the Hon'ble Courts and to be in regular touch with the Panel Counsel, so as to ensure that there is appropriate assistance from my office to the Counsel representing the Directorate of Enforcement. 4. I respectfully submit that the above under takings shall be complied with in letter and spirit. I further submit myself to the directions of this Hon'ble Court and pray that this affidavit may be taken on record." 7. Considering the aforesaid submission and the undertaking before this Court, that each case pending before this Court would be reviewed and that, in future, only meritorious cases would be filed, we accept the affidavit and direct the Directorate of Enforcement to take review of all pending cases before this Court. Non-meritorious cases are to be withdrawn by filing an appropriate application(s). 8. We also direct the Directorate of Enforcement that before filing any case before this Court, may be appeal/writ petition or any other proceeding, the merit of the case must be examined carefully, preferably with the assistance of a competent lawyer representing the Directorate of Enforcement. No frivolous litigation should be filed just for the sake of filing - 6 - HC-KAR NC: 2025:KHC:38657-DB MSA No. 108 of 2019 before this Court. Any such matters already filed should be withdrawn promptly. 9. Sri. Aravind Kamath, learned ASGI, submits that the appeal may be dismissed as not pressed. Therefore, we dismiss the appeal as not pressed. Accordingly, we close the appeal. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 12