Delhi High Court - Orders
Dhanraj Kochar & Ors vs Directorate Of Enforcement & Anr on 8 August, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11801/2022
DHANRAJ KOCHAR & ORS. ..... Petitioner
Through: Mr. Sandeep Kapoor, Ms. Apoorva
Pandey, Mr. G.G. Kashyap, Mr. Rose
Verma, Mr. Saurabh Mishra, Advs.
versus
DIRECTORATE OF ENFORCEMENT & ANR. ..... Respondent
Through: Mr. P.V. Yogeshwaran, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 08.08.2022 CM APPL. 35169/2022 Allowed, subject to all just exceptions.
The application shall stands allowed.
W.P.(C) 11801/2022 & CM APPL. 35168/2022(Stay)
1. Notice. Since the respondents are duly represented by learned counsel, let a counter affidavit be filed within a period of six weeks.
2. For the purposes of considering the prayer for interim directions, the 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 Signature Not Verified Digitally Signed By:NEHA Signing Date:08.08.2022 18:33:16 requires consideration.
3. Till the next date of listing, the respondents shall stand restrained from taking further steps as contemplated under Section 8 of Prevention of Money Laundering Act, 2002. The petitioners 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.
4. List on 16.01.2023.
YASHWANT VARMA, J.
AUGUST 8, 2022 neha Signature Not Verified Digitally Signed By:NEHA Signing Date:08.08.2022 18:33:16