Ali Mohammed Balwa vs ED case: The act of blindly participating in activism, devoid of proper understanding, can lead to unintended and detrimental consequences. This was demonstrated in a recent judgment by the esteemed Bombay High Court in the case of Ali Mohammed Balwa vs ED and related cases. A monetary fine of INR 3,00,000 was imposed upon the three petitioners for their untimely request for amendment, causing an unwarranted expenditure of the precious time of the Court.
Consequences of Misguided Activism: A Cautionary Tale
The esteemed bench comprised of Justices GS Patel and Neela Gokhale, in the Ali Mohammed Balwa vs ED case concerning the three petitions challenging an order issued by the Enforcement Directorate under Section 17 of the Prevention of Money Laundering Act (PMLA), was presented with a request to amend the petitions to incorporate a new factual development. This request was made by the petitioners’ counsel in an attempt to prevent the dismissal of the petitions. However, it was brought to the Court’s attention by the opposing counsel at the onset of the arguments.
The Court took critical note of this situation (Ali Mohammed Balwa vs ED case) and observed:
“The circumstances are exacerbated by the fact that, prior to the commencement of arguments, Mr. Venegavkar, representing the Respondent, fairly informed the Court of the potential need for an amendment, and the Court also posed the question to Mr. Aggarwal, counsel for the Petitioners, regarding their desire to amend. The response was an unequivocal no. The request for amendment was only made after more than an hour of argumentation.”
Dictum of the Bombay High Court
In light of this, the Court imposed a monetary penalty in the amount of INR 1,00,000 to be paid by each petitioner, totalling INR 3,00,000, to be paid by 17th February 2023 to St Jude Child Care Centers, a charitable organization that supports families affected by cancer. The Court granted the request for amendment, subject to the payment of these costs. The three petitions were filed by Hotel Balwas Pvt. Ltd. and its owners, challenging the order of the Enforcement Directorate under PMLA for conducting a search and seizure on the company’s premises on suspicions of money laundering.
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To sum up, the Bombay High Court was presented with a subsequent development, the passing of a provisional order to attach property under Section 8 of PMLA by an adjudicating authority, which was brought to the Court’s attention by Advocate Hiten Venegavkar on behalf of ED. The Court had initially expressed its willingness to grant the petitioners leave to amend their plea, but was unconvinced by the arguments presented by the counsel for the petitioners, Vijay Aggarwal and Chetan Kapadia. Despite the Court’s inclination to reject the Ali Mohammed Balwa vs ED case, the counsel sought leave to amend the petition, which was eventually granted, with costs imposed on the petitioners.
The matter serves as a reminder that petitioners must exhibit proper decorum and meticulousness in the handling of legal affairs. It is imperative to refrain from disrupting court proceedings and not to be consumed by ill-informed activism, lest one becomes susceptible to financial penalties imposed by the esteemed judicial system.
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