Delhi High Court - Orders
M/S Bla Power Private Limited And Ors vs Palash Bhoyar, Deputy Director ... on 1 September, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~25, 26 & 58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8421/2021 & CM APPL. 26011/2021(Interim Stay)
M/S BLA POWER PRIVATE LIMITED AND ORS ..... Petitioners
Through: Mr.Abhimanyu Bhandari, Mr.Ayush
Agarwal, Mr.Kumar Vaibhav, Advs.
versus
PALASH BHOYAR, DEPUTY DIRECTOR DIRECTORATE OF
ENFORCEMENT AND ANR. ..... Respondents
Through: Mr.Anurag Ahluwalia, CGSC with
Mr.Danish Faraz Khan, Adv. for R-1
& 2.
26
+ W.P.(C) 10166/2021 & CM APPL. 31354/2021(Stay)
PRIME ISPAT LIMITED & ORS. ..... Petitioners
Through: Mr. Abhimanyu Bhandari, Ms.
Kartika S. Sharma, Mrs. Vidula
Mehrotra, Mr.Chirag Madan, Mr.
Somesh Tiwari and Mr.Utsav Saxena,
Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Asheesh Jain, CGSC with
Mr.Adarsh Kr. Gupta and Mr.Keshav
Mann, Advs. for R-1.
Mr.Anupam Sharrma, Special
Counsel for ED with Mr.Prakash
Airan, Mr.Harpreet Kalsi and
Mr.Nishant Choudhary, Advs.
58
+ W.P.(C) 10613/2022 & CM APPL. 30735/2022
MS. SHREE RAM VIHAR ..... Petitioner
Signature Not Verified
Digitally Signed
By:NEHA
Signing Date:02.09.2022
17:00:24
Through: Mr. Abhimanyu Bhandari, Ms.
Kartika S. Sharma, Mrs. Vidula
Mehrotra, Mr.Chirag Madan, Mr.
Somesh Tiwari and Mr.Utsav Saxena,
Advs.
versus
DIRECTORATE OF ENFORCEMENT PMLA & ORS.
..... Respondents
Through: Mr.Anupam Sharrma, Special
Counsel for ED with Mr.Prakash
Airan, Mr.Harpreet Kalsi and
Mr.Nishant Choudhary, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 01.09.2022 In W.P.(C) 8421/2021, the Court grants time to Mr. Ahluwalia, learned CGSC appearing for the Directorate, to reconstruct his record. Insofar as connected writ petition being W.P.(C) 10166/2021 is concerned pleadings are already complete.
In W.P.(C) 10613/2022, the Court notes that it had taken notice of the contention of learned counsel to the extent that the proceeds of crime in the hands of Mrs. Mamta Aggarwal, was quantified at Rs.15,00,000. Out of the same, Rs.4,75,000/- was found lying in the account of M/s Capstone and the balance amount of Rs.10,25,000/- was identified in the hands of the petitioner here as a consequence of which the land in question came to be attached.
Signature Not Verified Digitally Signed By:NEHA Signing Date:02.09.2022 17:00:24The Court takes note of the submission of Mr. Bhandari, learned counsel appearing for the petitioner, that it was ready to deposit the aforesaid sum without prejudice to its rights and contentions subject to the Provisional Attachmen Order of the land in question being lifted.
Before this Court it is not disputed that the total proceeds of crime stand quantified at Rs.15,00,000/- out of which only Rs.10,25,000/- has been found to have been secreted in the hands of the petitioner.
In that view of the aforesaid matter, subject to the petitioner depositing a sum of Rs.10,25,000/- before the competent Adjudicating Authority, the provisional attachment of the plot of land shall stand lifted subject to further orders being passed in the writ petition.
Mr. Sharrma, learned counsel representing the Directorate, may file a counter affidavit on the writ petition also.
Let these writ petitions be now called again on 10.02.2023. Interim order accorded earlier to continue in W.P.(C) 8421/2021 and W.P.(C) 10166/2021 till the next date fixed.
YASHWANT VARMA, J SEPTEMBER 1, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:02.09.2022 17:00:24