Delhi High Court - Orders
Union Bank Of India Erstwhile ... vs Deputy Director Directorate Of ... on 16 July, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6623/2021&CM APPL. 20814/2021
UNION BANK OF INDIA ERSTWHILE
CORPORATION BANK ..... Petitioners
Through Mr. Alok Kumar and Mr. Uday Arora,
Advs.
versus
DEPUTY DIRECTOR DIRECTORATE
OF ENFORCEMENT & ANR. ..... Respondents
Through Mr. Zoheb Hossain, Spl. Counsel for ED
with Mr. Amit Mahajan, CGSC and Mr.
VivekGurnani, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 16.07.2021 CM APPL. 20815/2021
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 6623/2021
3. Vide the present writ petition, the petitioner, Union Bank of India (erstwhile corporation bank) besides assailing the attachment order passed by the learned adjudicating authority, PMLA in O.C. 1080 of 2019 dated 07.06.2019 in respect of the subject premises i.e. Farm house no. 22, the Greens, Rajokri Village, Delhi, also seeks a direction for permission to auction Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:17.07.2021 14:37:24 the subject property under the SARFAESI Act.
4. Learned counsel for the petitioner submits that irrespective of whether the subject property is ultimately held to be acquired from the proceeds of crime under the PMLA or not, the fact remains that the said property was mortgaged to the petitioner's bank and unless the same is permitted to be sold at the earliest, subject to any conditions as may be imposed by this Court regarding the manner in which the sale proceeds thereof are required to be secured, interest of both the petitioner and the respondent will continue to suffer.
5. Issue notice. Mr. Zoheb Hossain, special counsel accepts notice on behalf of respondent no.1.
6. Upon petitioner taking steps, let notice be issued to respondent no.2, returnable on the next date.
7. Counter affidavit be filed within three weeks. Rejoinder thereto, be filed within three weeks thereafter.
8. Renotify on 01.10.2021.
REKHA PALLI, J JULY 16, 2021 ms Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:17.07.2021 14:37:24