Delhi High Court - Orders
Sanjay Aggarwal Principal Officer M S ... vs Benami Prohibition Unit 2 Delhi on 5 August, 2024
$~47 to 58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 885/2021 & CRL.M.A. 4430/2021.
SANJAY AGGARWAL PRINCIPAL OFFICER
M S AKINCHAN DEVELOPERS PVT LTD .....Petitioner
Through: Mr. Sushil Bajaj, Mr. Mohit Gupta,
Ms. Alka Chojar, Mr. Aashish Chojar
and Ms. Deepakshi Jain, Advocates.
versus
BENAMI PROHIBITION UNIT 2 DELHI .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 300/2021 & CRL.M.A. 2218/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 294/2021 & CRL.M.A. 2203/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/08/2024 at 01:01:49
versus
BENAMI PROHIBITION UNIT .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 295/2021 & CRL.M.A. 2209/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT AND ANR. .....Respondents
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 296/2021 & CRL.M.A. 2212/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/08/2024 at 01:01:49
+ W.P.(CRL) 298/2021 & CRL.M.A. 2214/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT .....Respondent
Through Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 299/2021 & CRL.M.A. 2216/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT AND ANR. .....Respondents
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 301/2021 & CRL.M.A. 2223/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/08/2024 at 01:01:50
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 302/2021 & CRL.M.A. 2225/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 303/2021 & CRL.M.A. 2228/2021.
SATYENDAR KUMAR JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 304/2021 & CRL.M.A. 2233/2021.
SATYENDAR KUMAR JAIN .....Petitioner
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/08/2024 at 01:01:50
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT AND ANR. .....Respondents
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
+ W.P.(CRL) 305/2021 and CRL.M.A. 2238/2021
POONAM JAIN .....Petitioner
Through: Mr. Vaibhav Yadav, Adv.
versus
BENAMI PROHIBITION UNIT .....Respondent
Through: Mr Sanjeev Menon, Mr Vivek, Mr
Kartik Sabharwal and Mr Dipanshu
Gaba, Advocates for Mr. S. V. Raju,
ASG and Mr Zoheb Hossain,
Advocate for the UOI.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 05.08.2024
1. Counsel appearing on behalf of the petitioners canvass the point that the prosecutions were initially under Section 32 of the Prohibition of Benami Property Transactions Act 1988. The said provision has been held as ultra vires by decision of Supreme court in Union of India and Anr v. Ganpati This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2024 at 01:01:53 Dealcom Private Limited (2023) 3 SCC 315.
2. Therefore, as per the petitioners, these prosecutions be quashed. This Court had granted interim stay against these prosecutions by order dated 11th February, 2021.
3. However, there is an objection by the State, basis that the said decision of the Supreme Court is under review vide Review Petition (Diary no. 34619/2022).
4. Counsel for petitioner seeks to contend that a pendency of a review petition, without any interim order, will not subvert the decision under which they lay reliance upon. For this he relies upon the decision of Supreme Court in Union Territory of Ladakh and Ors v. Jammu and Kashmir National Conference and Anr., 2023 SCC OnLine SC 1140, para 35 which is extracted as under:
"35. We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on this subject is either referred to a larger Bench or a review petition relating thereto is pending. We have also come across examples of High Courts refusing deference to judgments of this Court on the score that a later Coordinate Bench has doubted its correctness. In this regard, we lay down the position in law. We make it absolutely clear that the High Courts will proceed to decide matters on the basis of the law as it stands. It is not open, unless specifically directed by this Court, to await an outcome of a reference or a review petition, as the case may be. It is also not open to a High Court to refuse to follow a judgment by stating that it has been doubted by a later Coordinate Bench. In any case, when faced with conflicting judgments by Benches of equal This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2024 at 01:01:54 strength of this Court, it is the earlier one which is to be followed by the High Courts, as held by a 5-Judge Bench in National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680. The High Courts, of course, will do so with careful regard to the facts and circumstances of the case before it."
(emphasis added)
5. Request is made on behalf of respondent that Mr. S.V. Raju, ASG is leading in the matter and is pre-occupied in a mater before the Supreme Court.
6. Accordingly, list on this issue for which the State wants to file compilation of judgments; the same be filed and placed on record on 25th November, 2024.
7. Interim orders to continue.
8. Order be uploaded on the website of this Court.
ANISH DAYAL, J AUGUST 5, 2024/RK Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2024 at 01:01:54