Supreme Court - Daily Orders
Anoop Bartaria vs Dy. Director Enforcement Directorate on 16 May, 2023
Bench: Ajay Rastogi, Bela M. Trivedi
1
ITEM NO.20 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 894-895/2023 in SLP(Crl) No. 2397-
2398/2019
(Arising out of impugned final judgment and order dated 21-04-2023
in SLP(Crl) No. 2397/2019 & SLP(Crl) No. 2398/2019 passed by the
Supreme Court Of India)
ANOOP BARTARIA & ANR. Petitioner(s)
VERSUS
DY. DIRECTOR ENFORCEMENT DIRECTORATE & ANR. Respondent(s)
(FOR ADMISSION and IA No.93403/2023-CLARIFICATION/DIRECTIONLIST ON
16.05.2023 AS PER ORAL MM.....5/804 DATED 04.05.2023
IA No. 93403/2023 - CLARIFICATION/DIRECTION)
Date : 16-05-2023 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mr. Swadeep Hora, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ankur Saigal, Adv.
Mr. Anshuman Srivastava, Adv.
Mr. Anirudh Bhatia, Adv.
Mr. E. C. Agrawala, AOR
For Respondent(s) Mr. Kanu Agarwal, Adv.
Ms. Shradha Deshmukh, Adv.
Mr. T.S. Sabarish, Adv.
Mr. Zoheb Hussain, Adv.
Mr. Annam Venkatesh, Adv.
Mr. Padmesh Mishra, Adv.
Mr. Arkaj Kumar, Adv.
Mr. Mukesh Kumar Maroria, AOR
UPON hearing the counsel the Court made the following
Signature Not Verified
O R D E R
Digitally signed by Ashwani Kumar Date: 2023.05.18 11:15:35 IST Reason: The present miscellaneous applications have been filed seeking clarification of the order of this Court dated 21.04.2023. 2 Learned counsel for the applicants submits that the discharge application if filed at a later stage, at least, that may be decided by the Trial Court on its own merits in accordance with law and he apprehends that what being observed may be a prima facie expression of this Court still may prejudice the rights of the applicants.
Learned counsel for the respondents on the other hand submits that what has been observed by this Court is only a prima facie view and is not otherwise going to take away the rights of the applicant vested under the law.
We are also of the view that the expression of this Court is prima facie and is not going to take away the rights of the applicants vested under the law still as a matter of caution. We make it clear that if the discharge application is filed, the same be decided by the Trial Court on its own merits without being influenced/inhibited by the observation made by this Court in accordance with law.
The miscellaneous applications stand disposed of.
(ASHWANI KUMAR) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER