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Supreme Court - Daily Orders

The Directorate Of Enforcement vs Parkash Gurbaxani on 20 October, 2021

Bench: A.M. Khanwilkar, C.T. Ravikumar

                                                      1

     ITEM NO.15                   Court 3 (Video Conferencing)            SECTION II-B

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                       No(s).   7666-
     7667/2021

     (Arising out of impugned final judgment and order dated 02-06-2021
     in CRM-M No. 12901/2021 02-06-2021 in CRM-M No. 12459/2021 passed
     by the High Court Of Punjab & Haryana At Chandigarh)

     THE DIRECTORATE OF ENFORCEMENT                                     Petitioner(s)

                                                     VERSUS

     PARKASH GURBAXANI ETC.                                               Respondent(s)

     (FOR ADMISSION and I.R. and IA No.129063/2021-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT )

     Date : 20-10-2021 These petitions were called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE A.M. KHANWILKAR
                            HON'BLE MR. JUSTICE C.T. RAVIKUMAR


     For Petitioner(s)
                                       Mr. S.V.Raju Ld. ASG
                                       Ms. Sairica Raju Adv
                                       Mr. S.A.Haseeb Adv
                                       Mr. Guntur Pramod Kumar Adv
                                       Mr.Syed Abdul HaseeB, Adv
                                       Mr. Sanjay Kumar Tyagi Adv
                                       Mr. Mukesh Kumar Maroria, AOR

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Heard Mr. S.V. Raju learned Additional Solicitor Signature Not Verified General appearing for the petitioner. Digitally signed by NEETU KHAJURIA Date: 2021.10.20 19:10:34 IST Reason:

We are in agreement with his grievance that the High Court has not dealt with the mandatory twin requirements 2 but has granted indulgence to the respondent(s) on extraneous consideration.

However, in the peculiar facts of the present case as the respondent(s) are reportedly senior citizen(s) and had cooperated during the investigation as noted by the High Court, we decline to interfere in these special leave petitions, while leaving question of law open.

The impugned order shall not be treated as precedent in other cases.

The special leave petitions are disposed of accordingly.

Pending applications, if any, stand disposed of.

(DEEPAK SINGH)                                         (VIDYA NEGI)
COURT MASTER (SH)                                      COURT MASTER (NSH)