# In the matter of Ashok Kumar Sarawagi vs. Enforcement Directorate & Anr.

> SC judgment dated 2024-07-30. Citation: TCN-2024-SC-00048. The case arises out of an impugned final judgment and order dated 09-05-2022 in CAAT(I) No.…

- **Court:** SC
- **Order date:** 30 Jul 2024
- **Citation:** TCN-2024-SC-00048
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ashok-kumar-sarawagi-vs-enforcement-directorate-anr-c5fe2fd0

## Summary

### Background

The case arises out of an impugned final judgment and order dated 09-05-2022 in CAAT(I) No. 411/2022 passed by the National Company Law Appellate Tribunal. The petitioner had challenged the Order of Attachment passed under the Prevention of Money Laundering Act, 2002 before the PMLA Appellate Tribunal, but this fact was not disclosed in the special leave petition.

## Facts

Ashok Kumar Sarawagi filed a Special Leave Petition (SLP) against the Enforcement Directorate & ANR. The Enforcement Directorate raised objections regarding the maintainability of the SLP under Article 136 of the Constitution of India. The petitioner had previously challenged an attachment order under the Prevention of Money Laundering Act, 2002 before the PMLA Appellate Tribunal, a fact not disclosed in the SLP. The petitioner's counsel sought permission to withdraw the SLP, which was granted by the court. The SLP arose from a judgment and order dated 09-05-2022 in CAAT(I) No. 411/2022 passed by the National Company Law Appellate Tribunal.

## Issues and analysis

### Issue 1: Whether the special leave petition is maintainable under Article 136 of the Constitution of India, …

**Ratio:** Article 136 of the Constitution of India allows the Supreme Court to grant special leave

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**Reasoning:** The Enforcement Directorate argued that a statutory appeal could have been filed,

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**Interpretation:** Article 136 provides discretionary power to the Supreme Court, but this power

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**Application:** In this case, the Enforcement Directorate contended that a statutory appeal was

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## Parties

- **Judges:** BELA M. T…; SATISH CHANDRA…
- **Appellants:** ASHOK KUMAR…
- **Respondents:** ENFORCEMENT…

## Timeline

- **2022-05-09 — Impugned Judgment and…**: Final judgment and order passed by the National Company Law Appellate Tribunal in CAAT(I)…
- **2023-01-01 — Special Leave Petition…**: Special Leave Petition (C) No. 26459/2023 filed…

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