The Chief Manager, Punjab National Bank vs Directorate Of Enforcement & Anr on 9 February, 2022

[Cites 3, Cited by 1]

Delhi High Court - Orders

The Chief Manager, Punjab National Bank vs Directorate Of Enforcement & Anr on 9 February, 2022

Bench: V. Kameswar Rao

                           $~74
                           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +    W.P.(C) 2544/2022, CM Nos. 7277/2022 & 7278/2022
                                THE CHIEF MANAGER, PUNJAB NATIONAL BANK
                                                                                 ..... Petitioner
                                                 Through: Mr. Sanjay Jain, Adv.

                                                    versus

                                 DIRECTORATE OF ENFORCEMENT & ANR.
                                                                                      ..... Respondents
                                                    Through:       Mr. Imon Bhattacharya, Adv. for
                                                                   Mr. Amit Mahajan, Adv.

                                 CORAM:
                                 HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                         ORDER

% 09.02.2022 This matter is being heard through video-conferencing. CM No. 7277/2022 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 2544/2022 The present petition has been filed by the petitioner Bank with the following prayers: -

"In the light of the facts and circumstances as laid out in the foregoing paragraphs, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to:

(a) Issue a writ in the nature of mandamus/ certiorari or such other appropriate writ, direction or order quashing the order dated 13.12.2021 passed under Section 26 of Prevention of Money Laundering Act, 2002 by the Ld. Adjudicating Authority, PMLA, New Delhi confirming the Provisional Attachment Order bearing no. 03/2020 dated Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:10.02.2022 19:25:03 19.12.2020 passed by the Respondent No. 1 ;

(b) Issue a writ in the nature of mandamus/ certiorari or such other appropriate writ, direction or order quashing the Provisional Attachment Order dated 19.12.2020 passed by the Respondent no. 1 attaching, inter-alia, plot measuring 7260 sq. yards at Village Birmi, Hambran Road, Ludhiana;

(c) Issue a writ in the nature of mandamus/ certiorari or such other appropriate writ, direction or order quashing the notice for eviction of premises dated 16.12.2021 issued by the Respondent No. 2;

(d) Pass any other order(s) or direction(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

The order dated December 13, 2021 is an order passed by adjudicating authority under the provisions of the PMLA (Prevention of Money Laundering Act, 2002) thereby confirming the provisional attachment order dated December 19, 2020. The learned counsel for the petitioner bank states that the bank has already filed an appeal before the Appellate Tribunal being 4451/2022, but the appeal could not be taken up as the Appellate Tribunal has not been constituted. He also states that pursuant to the impugned order, a notice of eviction dated December 16, 2021 has been issued by the respondent No.2.

In these circumstances, he states that till such time the appeal is heard, status quo as of toda y be maintained.

Mr. Imon Bhattacharya who appears for the respondents has shared on the screen an order passed by this Court in "Writ Petition No. 309/2022, Abhinav Gold International Marketing Pvt. Ltd. v. Union of India & Anr." wherein this Court in similar circumstances disposed of an appeal vide its order dated January 07, 2022.

Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:10.02.2022 19:25:03

Noting the said submission made by Mr. Bhattacharya, the writ petition is partially allowed by directing that till the petitioner's appeal and stay application are taken up for consideration by the Appellate Tribunal PMLA, the parties shall maintain status quo qua the subject matter of the impugned order. Consequently, the respondents are restrained from taking any coercive action against the petitioner till then.

Suffice to state, the Court has not expressed any opinion on the merits of the petitioner's challenge to the order in the present petition.

This order will merge with any order which may be passed by the Tribunal on the petitioner's stay application as and when it becomes functional.

The writ petition along with pending applications stands disposed of in the aforesaid terms.

V. KAMESWAR RAO, J FEBRUARY 9, 2022/ds Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:10.02.2022 19:25:03

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders