IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47822 OF 2018 (GM-FE) BETWEEN:
GREENPEACE INDIA SOCIETY A SOCIETY REGISTERED UNDER THE TAMIL NADU SOCIETIES REGISTRATION WITH REGISTERED OFFICE AT NEW NO.47 (OLD NO.22) 2ND CROSS STREET, ELLAIYAMMAN COLONY GOPALPURAM CHENNAI-60086 ALSO WITH OFFICE AT SHUBHARAM COMPLEX, 5TH FLOOR, OLD NO 22/1 NEW 144 144/1 M G ROAD BANGALORE-560 001 REPRESENTED BY THE INTERIM EXECUTIVE DIRECTOR MOUSUMI DHAR.
… PETITIONER (By Mr. KIRAN S. JAVALI ADV., FOR SMT. MONICA PATIL, ADV.,) AND:
1. UNION OF INDIA MINISTRY OF FINANCE NORTH BLOCK CABINET SECRETARIAT RAISINA HILL NEW DELHI-110 001 REPRESENTED BY ITS SECRETARY.
2. DIERECTORATE OF ENFORCEMNT BENGALURU ZONAL OFFICE 3RD FLOOR, B BLOCK, BMTC SHANTHINAGAR-TTMC K H ROAD SHANTHINAGAR BANGALORE-560027 REPRESENTED BY THE JOINT DIRECTOR 3. IDBI BANK LIMITED 2ND FLOOR NO.7 CHEVALIER SIVAJI GANESAN SALAI (SOUTH BOAG ROAD) T NAGAR, CHEENAI-600017 REPRESENTED BY ITS MANAGER.
(By Mr.UNNIIKRISHNA M CGC FOR R1 & R2) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 05.10.2018 (ANNEXURE-A) FROM R-2 VARIOUS BANKS WITH WHICH THE PETITIONER HAS MAINTAINED ITS ACCOUNTS AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Kiran.S.Javali, learned counsel for Sri.Monica Patil learned counsel for the petitioner.
Sri.Unnikrishna.M, learned counsel for the respondent. Nos. 1 and 2.
2. Learned counsel for the petitioner fairly submits that the impugned notice dated 05.10.2018 has lost its efficacy on account of efflux of time as the period of 60 days has expired. In support of the aforesaid submissions, reliance has been placed on a the following decisions in ’SHRI.B.K.NOWLAKHA & OTHERS V. UNION OF INDIA & ORS.’, 1991 SCC ONLINE DEL 456, ‘WINDSON ELECTRONICS PVT. LTD. & ANR. VS. UNION OF INDIA & ORS.’, 2004 SCC ONLINE CAL 802 and ‘MR.DARRYL BRUCE THORPE & ANR. VS. UNION OF INDIA & ORS.’, 2015 SCC ONLINE BOM 2062.
Accordingly, the impugned order dated 05.10.2018 is hereby quashed and the writ petition is disposed of.
Sd/- JUDGE SS