Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010284952022 NC: 2026:KHC:38064 WP No. 12752 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 12752 OF 2022 (GM-RES)
BETWEEN:
1.
SHRI SUTRAM SURESH S/O S R SHANKARA RAMAIAH AGED ABOUT 55 YEARS R/AT A -1505 BRIGADE GATEWAY MALLESHWARAM WEST BANGALORE - 560 055.
2.
SMT VANITHA SURESH W/O SUTRAM SURESH AGED ABOUT 48 YEARS R/AT A -1505 BRIGADE GATEWAY MALLESHWARAM WEST BANGALORE - 560 055.
3.
MS AISHWARAYA SURESH D/O SUTRAM SURESH AGED ABOUT 25 YEARS R/AT A -1505 BRIGADE GATEWAY MALLESHWARAM WEST BANGALORE - 560 055.
4.
MS SOUNDARYA SURESH D/O SUTRAM SURESH AGED ABOUT 23 YEARS R/AT A -1505 BRIGADE GATEWAY
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010284952022 NC: 2026:KHC:38064 WP No. 12752 of 2022
MALLESHWARAM WEST BANGALORE - 560 055. …PETITIONERS (BY SRI. PRASHANTH P N.,ADVOCATE)
AND:
THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT BANGALORE ZONAL OFFICE 3RD FLOOR, B BLOCK BMTC BUILDING SHANTHINAGAR BANGALORE - 560 027. …RESPONDENT
(BY SRI. JAYAKARA SHETTY H.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ATTACHMENT ORDER NO.13 OF 2021 DATED 02.11.2021 ISSUED BY THE RESPONDENT DIRECTORATE OF ENFORCEMENT IN ECIR/BGZO/26/20220 DATED 19.03.2021 AND ALL PROCEEDINGS EMANATING THEREFROM INCLUDING ORIGINAL COMPLAINT NO.1569/2021 AND ALSO DECLARE THAT THE SAME HAS LAPSED AND CEASED TO HAVE ANY EFFECT ON AND FROM THE EXPIRY OF 180-DAY PERIOD PROVIDED U/S 5(1) R/W SECTION 5(3) AND SECTION 8(3) PMLA I.E, ON AND FROM 03.05.2022 VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR
CNR: KAHC010284952022 NC: 2026:KHC:38064 WP No. 12752 of 2022
ORAL ORDER
1. Petitioners whose assets were attached by the respondent-Directorate of Enforcement in exercise of its power under Sections 5 and 8 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the PMLA'), pursuant to registration of ECIR/BGZO/26/2020 are before this Court seeking following reliefs: '' a. Issue a writ of Certiorari or any other appropriate writ/direction/ order quashing the Provisional Attachment
Order No. 13 of 2021 dated 02.11.2021 Issued by the Respondent Directorate of Enforcement in ECIR/BGZ0/26/2020 dated 19/03/2020 and all proceedings emanating therefrom including Original Complaint No. 1569/2021 and also declaring that the same has lapsed and ceased to have any effect on and from the expiry of 180- day period provided under Section 5(1) read with Section 5(3) and Section 8(3) PMLA i.e. on and from 03.05.2022; Vide Annexure - D. b. Pass any other order(s) /Relief/s as this Court may deem fit in the interests of justice.''
2. Learned counsel for the petitioners filing a memo along with copies of the
Order dated 18.03.2025 in W.P.No.12413/2022 C/w W.P.Nos.12486/2022 and 12510/2022 and
Order dated 19.03.2025 in W.P.No.12376/2022 passed by the Co-ordinate Bench of this Court arising out of the very same ECIR/BGZO/26/2020, submits that the co-accused have
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HC-KAR
CNR: KAHC010284952022 NC: 2026:KHC:38064 WP No. 12752 of 2022
been granted relief as sought for on the premise of non- compliance of the statutory requirement of passing an
order of confirmation in terms of Sub-Section (3) of Section 5 and Section 8 of the PMLA Act. Thus, he submits that issue having been covered in respect of very same ECIR/BGZO/26/2020, petitioners herein shall also be extended similar benefit.
3. Sri. Jayakara Shetty H., learned CGC appearing for the respondent-Director does not dispute the aforesaid factual and legal aspect of the matter. However, he submits, liberty be reserved to the respondent-Authorities to revive the matter, if so, advised in accordance with law.
4. Submissions placed on record.
5. Since the facts and issues in the instant petition directly involved in W.P.No.12413/2022 C/w W.P.Nos.12486/ 2022 and 12510/2022, the petitioner are also entitled for the relief granted in the said petition. Accordingly the following:
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HC-KAR
CNR: KAHC010284952022 NC: 2026:KHC:38064 WP No. 12752 of 2022
ORDER (i) Petition is allowed. (ii) The impugned provisional attachment order No.13/2021 dated 02.11.2011 stands quashed, as far as present petitioner is concerned. (iii) The show cause notices so issued as a consequence thereof, stand obliterated. (iv) The petitioners shall become entitled to all consequential benefits that would flow from the quashment of the orders of provisional attachment. (v) Needless to state, it is always open for the respondent- authorities to take recourse in accordance with law.
Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 35