Supreme Court - Daily Orders
Directorate Of Enforcement vs Union Of India on 8 May, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
SLP(C) Diary No. 13081/2023
ITEM NO.23 COURT NO.7 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No. 13081/2023
(Arising out of impugned final judgment and order dated 12-12-2022
in MAT No. 1222/2022 passed by the High Court At Calcutta)
DIRECTORATE OF ENFORCEMENT & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.79418/2023-CONDONATION OF DELAY
IN FILING and IA No.79419/2023-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.79420/2023-EXEMPTION FROM FILING O.T.)
Date : 08-05-2023 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s)
Mr. S.V. Raju, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Zoheb Hussain, Adv.
Mr. Annam Venkatesh, Adv.
Mr. Arkaj Kumar, Adv.
Mr. Padmesh Mishra, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
It is stated that the final adjudication order has been passed and consequently, the property in question has been attached. Reliance is placed upon judgment of this Court in Kaushalya Infrastructure Development Corpn. Ltd. v. Union of India, (2022) Signature Not Verified Digitally signed by SWETA BALODI Date: 2023.05.10 SCC Online SC 531, in which it has been held that even if the 17:45:54 IST Reason: provisional attachment order is set aside, it will in no way impact the adjudication process initiated before the adjudicating SLP(C) Diary No. 13081/2023 authorities, which must proceed on its own merits and in accordance with law.
Our attention is also drawn to the order passed by this Bench in SLP(C) no. 2062/2023 titled “Hiren Panchal & Anr. vs. Directorate of Enforcement & Ors.”, wherein we declined to entertain the challenge made by the respondents herein to the same impugned judgment.
In view of the aforesaid position, learned Additional Solicitor General seeks liberty to withdraw the present special leave petition.
The special leave petition is accordingly dismissed as withdrawn, leaving all questions of law open.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS COURT MASTER (NSH)