UNION OF INDIA Vs. MOHIBALI ROSHANALI NASER

JUDGEMENT

(1.) THIS appeal has been filed by Union of India seeking to challenge the judgment and order of the learned Single Judge dated 23rd September 1988 in the petition filed by the original petitioner under Article 226 of the Constitution of India.

(2.) THE facts giving rise to this appeal are as follows :-

(3.) MR. Shah, the learned counsel appearing on behalf of the Government, submitted that the learned Single Judge was not right in setting aside the entire order of adjudication. According to mr. Shah, the Bank has not filed the writ petition challenging the order of adjudication. According to Mr. Shah for the Government, the show cause notice and the order of adjudication indicate that the Bank was found guilty of the contravention of various provisions of the Act and accordingly various penalties have been imposed on the Bank, as well as employees both of the bank and the petitioner firm. Mr. Shah pointed out that the petitioner firm has been imposed with a penalty of confiscation of Rs. 17,00,057/- and fine of Rs. 60,000/-, inasmuch as the petitioners have been found guilty by the order of adjudication of the offence of aiding and abetting the Bank in the contravention of the above provisions of the Act. 3a. As regards the order dated 8th September 1986, the learned counsel submitted that the said order was passed only as an order of retention and the amount was retained by the Department for purpose of carrying out the investigation and the said order was not an order of confiscation as held by the learned Single Judge.