LAWS(SIK)-2023-6-4

EASTERN INSTITUTE FOR INTEGRATED LEARNING IN MANAGEMENT UNIVERSITY Vs. JOINT DIRECTOR, DIRECTORATE OF ENFORCEMENT

Decided On June 27, 2023
Eastern Institute For Integrated Learning In Management University Appellant
V/S
Joint Director, Directorate Of Enforcement Respondents

JUDGEMENT

(1.) A judgment dtd. 22/9/2015 was rendered by the learned Single Judge of this Court in W.P. (Crl.) No. 02 of 2015 filed by Eastern Institute for Integrated Learning in Management University (EIILM University) against the Joint Director and the Enforcement Officer, Directorate of Enforcement, Government of India and the Registrar/Administrative Officer, Adjudicating Authority.

(2.) EIILM University had prayed for setting aside the show cause notice dtd. 3/2/2015 issued by the Adjudicating Authority under sub-sec. (1) of Sec. 5 of the Prevention of Money Laundering Act, 2002 (PMLA, 2002) and the subsequent proceedings consequential thereto.

(3.) The principal ground seeking to quash the show cause notice under Sec. 8 of the PMLA, 2002 by the Adjudicating Authority was that it was issued by a Bench constituted under clause (b) of sub-sec. (5) of Sec. 6 of the PMLA, 2002 which did not have a Judicial Member.