Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Puja Kumari vs Directorate Of Enforcement And Ors on 18 August, 2021

Author: Rekha Palli

Bench: Rekha Palli

                              $~40
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 8653/2021 & CM APPL. 26783/2021 (stay), CM APPL.
                                     26784/2021(exemption)

                                     PUJA KUMARI
                                                                                           ..... Petitioner
                                                        Through     Mr. Sidharth Aggarwal, Sr. Adv.
                                                        with Mr. Kumar Vaibhaw, Mr. Vishwajeet Singh,
                                                        Mr. Rudrali Patil and Mohd. Ashaab, Advs.

                                                        Versus

                                     DIRECTORATE OF ENFORCEMENT AND ORS.
                                                                                           ..... Respondents
                                                        Through      Mr. Amit Mahajan, CGSC

                                     CORAM:
                                     HON'BLE MS. JUSTICE REKHA PALLI
                                             ORDER

% 18.08.2021 CM APPL. 26784/2021(exemption)

1. Exemptions allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 8653/2021

3. The present petition seeks to assail the order dated 19.07.2021 in ECIR No. PTZO/04/2018 passed by the Adjudicating Authority, PMLA confirming the Provisional Attachment Order dated 29.05.2020.

4. Learned senior counsel for the petitioner submits that the petitioner, being aggrieved by the impugned order, is desirous of filing a statutory appeal before the Appellate Tribunal, PMLA; however, the said Tribunal is presently not functional and taking advantage of the said fact, the respondents have proceeded to issue a possession notice on 06.08.2021 in pursuance to the impugned order. He further submits, on instructions, that the petitioner will within one week from today, prefer a statutory appeal assailing the impugned order before the Tribunal and prays that till the petitioner's appeal and stay application are taken up for consideration by the Tribunal, the respondent be restrained from taking any steps in furtherance of the impugned order dated 19.07.2021, as also the possession notice dated 06.08.2021.

5. Issue notice. Mr. Mahajan accepts notice on behalf of respondent nos.1 & 2. Keeping in view the nature of relief sought in the petition, no notice is required to be issued to respondent no.3. Mr. Mahajan is unable to dispute the fact that the Appellate Tribunal, PMLA is presently not functional for want of quorum.

6. In these circumstances, the writ petition is allowed by directing the parties to maintain status quo till the petitioner's statutory appeal and stay application, which she undertakes to file within a week, are taken up for consideration by the Tribunal, as and when it becomes operational. Consequently, the respondent nos.1 & 2 will be restrained from acting in furtherance of the impugned order dated 19.07.2021 and notice dated 06.08.2021.

7. It is made clear that this Court has not examined rival submissions of the parties on merits. Needless to state, this order will merge with any order Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:19.08.2021 16:17:05 as may be passed by the Tribunal in petitioner's appeal and stay application, as and when it comes operational.

8. The petition is, accordingly, disposed of in the aforesaid terms.

REKHA PALLI, J AUGUST 18, 2021 ms Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:19.08.2021 16:17:05