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Delhi High Court - Orders

Kanwar Deep Singh vs Union Of India & Ors on 13 February, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~14, 15 & 17
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +          W.P.(C) 9798/2021 & CM APPL.30233/2021
                               KANWAR DEEP SINGH                           ..... Petitioner
                                           Through:       Mr Vikram Chaudhri, Sr. Advocate
                                                          with Mr Hemant Shah, Mr Gurpreet
                                                          Singh Parwanda & Mr. Akshay Rana,
                                                          Advocates. (M: 9599757379)
                                               versus

                               UNION OF INDIA & ORS.                       ..... Respondents
                                             Through:     Mr. Zobeb Hossain, Advocate with
                                                          Mr. Vivek G., Advocate for ED.
                          15                    AND
                          +          W.P.(C) 13174/2021 & CM APPL.41565/2021
                               SHASHI GOYAL                               ..... Petitioner
                                               Through:   Mr Vikram Chaudhri, Sr. Advocate
                                                          with Mr Hemant Shah, Mr Gurpreet
                                                          Singh Parwanda & Mr. Akshay Rana,
                                                          Advocates.
                                               versus

                               UNION OF INDIA & ORS.                       ..... Respondents
                                             Through:     Mr. Anurag Ahluwalia, Advocate for
                                                          R-2 & 3. (M:9811418995)
                          17                    AND
                          +          W.P.(C) 11264/2021 & CM APPL.34679/2021
                               M/S GAGAN INFRAENERGY LTD. EARLIER KNOWN AS M/S
                               GAGAN SPONGE IRON PVT. LTD. THROUGH ITS
                               AUTHORIZED REPRESENTATIVE SH. AJAY
                               SEHGAL                                 ..... Petitioner
                                            Through: Mr Vikram Chaudhri, Sr. Advocate
                                                     with Mr Hemant Shah, Mr Gurpreet
                                                     Singh Parwanda & Mr. Akshay Rana,
                                                     Advocates. (M: 9599757379)
                                            versus


Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:15.02.2023
11:24:01
                                 DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT &
                                ANR.                                    ..... Respondents
                                               Through: Mr. Anurag Ahluwalia, Advocate for
                                                        R-1 & 2.
                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 13.02.2023

1. This hearing has been done through hybrid mode.

2. Ld. Counsels for the parties have pointed out a recent order dated 6th February, 2023 passed by the ld. Division Bench in a batch of writ petitions, the lead matter of which is W.P.(C) 11775/2012 titled MAA Infrastructure Co. Ltd. v. Union of India & Ors., wherein similar issues are stated to have been raised. The said order reads as under:

"Learned senior counsel for the appellants admits that in view of the Supreme Court judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors., 2022 SCC OnLine SC 929, the issues of constitutional validity of Sections 3, 5, 6 and 8 are no longer res integra. He, however, states that interpretation of the said Sections as well as application of the said Sections to the facts of the present cases require consideration.
Learned counsel for the respondents states that in view of the aforesaid statements, the present writ petitions need to be heard by a learned Single Judge of this Court.
Accordingly, present writ petitions are directed to be listed before the learned Single Judge of this Court in accordance with roster on 27th February, 2023, subject to orders of Hon'ble the Chief Justice.
Interim order(s), if any, to continue."
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.02.2023 11:24:01

3. Accordingly, list these matters for hearing on 27th February, 2023 in terms of the orders of the ld. Division Bench.

4. Interim orders to continue till the next date.

PRATHIBA M. SINGH, J.

FEBRUARY 13, 2023 dj/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.02.2023 11:24:01