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Delhi High Court - Orders

Priyanka Mittal vs Union Of India And Ors on 4 March, 2022

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                           $~28
                           *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +      W.P.(C) 12173/2021
                                  PRIYANKA MITTAL                                 ..... Petitioner
                                               Through:           Mr. Anirudh Bakhru, Mr. Ayush Puri
                                                                  and Ms. Umang Tyagi, Advs.

                                               versus

                                  UNION OF INDIA AND ORS                  ..... Respondents
                                                Through: Mr. Amit Mahajan, CGSC with
                                                         Mr. Kritagya Kumar Kait, Adv.
                                                         Mr. Dev P. Bhardwaj, CGSC with
                                                         Ms. Anubha Bhardwaj, Adv for R-1
                                                         & R-2

                                  CORAM:
                                  HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                          ORDER

% 04.03.2022 On the last date of hearing, I have passed the following order:-

"This petition has been filed by the petitioner with the following prayers:

"In view of the aforesaid facts and circumstances, it is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
a. issue a writ of mandamus or any other writ, direction or order in the natural thereof calling for records, pertaining to LOC issued by the respondent No. 3 (Directorate of Enforcement) against the petitioner in relation to ECIR No. 15/DLZO/2014; and / or b. Issue a writ of certiorari or any other writ, Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.03.2022 20:41:55 direction or order in the nature quashing the LOC issued by the Respondent No. 3 against the petitioner; and / or c. Pass any other orders or directions, as this Hon'ble Court may deem fit and proper in the facts & circumstances of the case, in favour of the petitioner."

Mr. Amit Mahajan, learned CGSC appearing for the respondent would submit that as per his instructions LOC issued at the behest of Directorate of Enforcement has been withdrawn. He also clarifies, he is not aware of any LOC, pending against the petitioner.

Mr. Anirudh Bakhru, learned counsel appearing for the petitioner submits that the challenge in this petition is qua the LOC issued at the behest of Directorate of Enforcement. If that be so, nothing further survives in the petition.

At this stage, Mr. Bakhru by drawing my attention to order dated October 28, 2021 pursuant thereto the petitioner has furnished a security of ₹50 Lacs by a way of a Fixed Deposit to the satisfaction of the Registrar General of this Court states as the petition is being disposed of, the said amount be released to the petitioner.

Noting this submission made by Mr. Bakhru, appropriate be, Registry shall give its report on the amount deposited by the petitioner in terms of order dated October 28, 2022.

To await the report of the Registry, re-notify on March 4, 2022."

The Registry has given its report dated March 03, 2022 in the following manner:-

"Vide order dated 28.10.2021, FDR of Rs/-50,00,000/- has been deposited by Petitioner and same is in safe custody of Deputy Registrar of concerned Branch. No any other document filed."

The FDR of ₹50,00,000/-, I have been informed is in the name of the Registrar General of this Court. Accordingly, the amount along with accrued Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.03.2022 20:41:55 interest (if any) shall be released to the petitioner through her counsel on their appearing before the concerned officer by following the requisite procedure.

The petition is disposed of.

V. KAMESWAR RAO, J MARCH 4, 2022/ds Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.03.2022 20:41:55