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[Cites 2, Cited by 1]

Delhi High Court - Orders

Rajeev Sharma vs Union Of India & Ors on 17 August, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~2
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 3422/2022, CM APPL. 10012/2022(Stay), CM APPL.
                                33263/2022(Stay)

                                RAJEEV SHARMA                                       ..... Petitioner
                                            Through:              Mr. Avi Singh and Mr. Karan Dhalla,
                                                                  Advs.

                                                    versus

                                UNION OF INDIA & ORS.                                ..... Respondents
                                              Through:            Mr. Ajay Digpaul, CGSC with Mr.
                                                                  Kamal Digpaul and Ms. Swati
                                                                  Kwatra, Advs. for UOI.
                                                                  Mr. Zoheb Hossain and Mr. Vivek
                                                                  Gurnani, Advs. for R-2.

                                CORAM:
                                HON'BLE MR. JUSTICE YASHWANT VARMA
                                                    ORDER

% 17.08.2022 CM APPL. 33262/2022 (Amendment) Since the amendments as sought are not opposed, the prayer as made is allowed.

The application shall stand disposed of. W.P.(C) 3422/2022, CM APPL. 10012/2022 (Stay), CM APPL. 33263/2022 (Stay) Let the noticed respondents file their replies to the amended writ petition on or before the next date fixed.

For the purposes of considering the prayer for interim directions, the Signature Not Verified Digitally Signed By:NEHA Signing Date:17.08.2022 19:22:09 Court notes that the judgment in Vikas WSP and Others vs. Directorate Enforcement and Another [2020 SCC Online Del 1732] passed by a learned Judge of the Court has clearly held that the Adjudicating Authority would stand rendered as functus officio, once the period of 180 days expires. Although that petition forms subject matter of challenge in LPA 362/2020, the Division Bench there too has passed interim orders of protection. Matter requires consideration.

Till the next date of listing, the respondent shall stand restrained from taking further steps as contemplated under Section 8 of Prevention of Money Laundering Act, 2002. The petitioner shall also stand restrained from disposing of or creating any third party rights or encumbering the property which forms subject matter of the provisional order of attachment.

List again on 30.11.2022.

YASHWANT VARMA, J.

AUGUST 17, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:17.08.2022 19:22:09