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Directorate Of Enforcement & Anr vs M/S Vikas Wsp Ltd & Ors on 30 March, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                           $~35
                           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +    LPA 362/2020, CM Nos.30675/2020, 723/2021, 11287/2021,
                                12632/2021 & 47089-91/2021

                                  DIRECTORATE OF ENFORCEMENT & ANR. ..... Appellants
                                                 Through: None.
                                                 versus
                                  M/S VIKAS WSP LTD & ORS.                   ..... Respondents
                                                 Through: Mr Arshdeep Singh and Mr Harsh
                                                          Srivastava, Advs. for R-1&2.
                                                          Mr V. Govinda Ramanan, Adv. for
                                                          Applicant in CM No.47089/2021.
                                                          Mr. Pavan Narang, Mr. Himanshu
                                                          Sethi and Mr. Rishi Jindal, Advs. for
                                                          Applicant in CM No.12632/2021.
                                  CORAM:
                                  HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                  HON'BLE MS. JUSTICE POONAM A. BAMBA
                                           ORDER

% 30.03.2022 [Physical Court hearing/ Hybrid hearing (as per request)] CM No.47091/2021

1. Allowed, subject to just exceptions.

2. The prayer made in the above-captioned application is to grant exemption from filing notarised affidavit(s).

3. The above-captioned application is disposed of with a direction to the applicants to place on record duly notarised affidavit(s), within the next four weeks.

LPA 362/2020 page 1 of 3 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:05.04.2022 15:18:04 CM Nos.47089/2021 & 12632/2021

4. These applications have been moved to seek intervention in the above-captioned appeal.

4.1. The only reason that learned counsel for the applicants/intervenors have furnished is that the intervenors are raising a similar issue in other writ petitions, which are pending consideration before the learned single judge. The said writ petition, we are told, are W.P.(C) No.9858/2020 and W.P.(C) No.7740/2021.

5. According to us, this is not a good enough reason for allowing the above-captioned applications. The appeal can be heard and decided with the assistance of learned counsel for the parties, who appear in the appeal.

6. The applications are, accordingly, closed.

7. The substantive prayer made in the above-captioned application is as follows:

"A. Substitute the deceased Respondent No.2 namely late Sh. Bajrang Dass Aggarwal with his legal representative namely Smt. Bimla Devi Jindal and take on record the Amended Memo of Parties."

7.1. It averred that respondent no.2 i.e., Mr Bajrang Dass Aggarwal has expired. A copy of the death certificate concerning respondent no.2 i.e., Mr Bajrang Dass Aggarwal has also been placed on record.

8. Accordingly, for the reasons stated in the above-captioned application, the prayer made therein is allowed.

LPA 362/2020 page 2 of 3 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:05.04.2022 15:18:04

9. The amended memo of parties, appended with this application, will now, formally, be taken on record.

10. The captioned application is, accordingly, disposed of. LPA 362/2020, CM Nos.30675/2020 & 11287/2021

11. List the matter on 07.09.2022.

RAJIV SHAKDHER, J POONAM A. BAMBA, J MARCH 30, 2022/aj Click here to check corrigendum, if any LPA 362/2020 page 3 of 3 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:05.04.2022 15:18:04