Supreme Court - Daily Orders
Shrichand S. Aswani vs Amar Sadhuram Mulchandani on 31 July, 2023
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ITEM NO.20 COURT NO.1 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2999/2023
(Arising out of impugned final judgment and order dated 21-02-2023
in WP No.612/2023 passed by the High Court of Judicature at Bombay)
SHRICHAND S. ASWANI Petitioner(s)
VERSUS
AMAR SADHURAM MULCHANDANI & ORS. Respondent(s)
(IA No. 46623/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT IA No. 46626/2023 - EXEMPTION FROM FILING O.T. IA
No.71060/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES)
WITH
SLP(Crl) No. 7163/2023 (II-A)
(IA EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
47121/2023 FOR EXEMPTION FROM FILING O.T. ON IA 47122/2023)
\
SLP(Crl) No. 6136-6139/2023 (II-A)
(IA No. 94934/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT IA No. 94936/2023 - EXEMPTION FROM FILING O.T.)
SLP(Crl) No. 7264/2023 (II-A)
(IA No.115086/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.115087/2023-EXEMPTION FROM FILING O.T.)
Date : 31-07-2023 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. Pravartak Suhas Pathak, AOR
Mr. Sudhanva Bedekar, Adv.
Signature Not Verified
Mr. Shantanu Phanase, Adv.
Digitally signed by
NEETA SAPRA
Date: 2023.08.02
Mr. S.v. Raju, A.S.G.
16:15:19 IST
Reason:
Mr. Mukesh Kumar Maroria, AOR
Mr. Zoheb Hussain, Adv.
Mr. Annam Venkatesh, Adv.
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Mr. Kanu Agarwal, Adv.
Mr. Padmesh Mishra, Adv.
Mr. Atamaram Nadkarni, Sr. Adv.
Mr. Prashant Shrikant Kenjale, AOR
Mr. Naresh Shamani, Adv.
Mr. Naresh Shamnai, Adv.
Ms. Minal Chandani, Adv.
Mrs. Minal Chandani, Adv.
For Respondent(s) Mr. V. Giri, Sr. Adv.
Mr. Shantanu Phanase, Adv.
Mr. Sudhanva Bedekar, Adv.
Mr. Shrirang Verma, Adv.
Mr. Shrirang Varma, Adv.
Mr. Pravartak Pathak, Adv.
Ms. Ankita Chaudhary, AOR
Mr. Rahul Narang, Adv.
Mr. Prashant Shrikant Kenjale, AOR
Mr. Naresh Shamani, Adv.
Ms. Minal Chandani, Adv.
Mr. V. Giri, Sr. Adv.
Mr. Shantanu Phanase, Adv.
Mr. Sudhanva Bedekar, Adv.
Mr. Shrirang Verma, Adv.
Mr. Pravartak Suhas Pathak, AOR
Mr. Bharat Bagla, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP (Crl) No 2999, 7163 and 6136-6139 of 2023 1 The Division Bench of the High Court of Judicature at Bombay, while entertaining a batch of Criminal Writ Petitions passed the following ad-interim order :
“The Directorate of Enforcement is at liberty to proceed against the Accused person on the civil side also. However, until further orders, in the event Directorate of Enforcement 3 having any intention to take the petitioners in custody, they should be served with the written intimation, about such intention, 72 hours in advance on the Petitioners. This arrangement shall remain in operation till next date.”
2 The above order was passed during the pendency of the writ petitions. 3 A similar direction by the High Court albeit, while entertaining an application for the anticipatory bail was set aside by this Court in Vijaykumar Gopichand Ramchandani vs. Amar Sadhuram Mulchandani & Ors1. 4 Since the High Court is seized of the Writ Petitions, we are not entering upon the issues which arise before the High Court. However, we find that the direction which was issued by the High Court in the above terms to the effect that a written intimation with at least 72 hours be served in advance in the event that the Directorate of Enforcement intends to take the accused into custody is unwarranted.
5 We set aside the direction for the grant of 72 hours’ notice as set out in paragraph 16 of the impugned order. All the rights and contentions of the parties in the pending writ petitions are kept open. 6 The Special Leave Petitions are accordingly disposed of. 7 Pending applications, if any, stand disposed of. SLP (Crl) No 7264 of 2023 8 List the Special Leave Petition on 11 August 2023.
(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)
1 2022 SCC OnLine SC 1861
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AR-CUM-PS ASSISTANT REGISTRAR