M/S Incred Financial Services Ltd v. Deputy Director,Directorate Of Enforcement

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6354/2022 M/S INCRED FINANCIAL SERVICES LTD .....Petitioner Through:

Mr. Puneet Bajaj, Advocate versus DEPUTY DIRECTOR,DIRECTORATE OF ENFORCEMENT .....Respondent Through:

Mr. Zoheb Hossain, SC for ED with Mr. Vivek Gurnani, Panel Counsel for ED and Mr. Kartik Sabharwal, Mr.

Pranjal Tripathi, Mr.

Kanishk Maurya, Mr.

Kunal Kochar, Mr.

Vivek Gaurav, Advocates for ED

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 05.11.2024 CM APPL. 64632/2024 (permission to withdraw the present writ petition) 1.

The present petition seeks disposal of the appeal bearing No. 4188/2021 dated 06th September, 2021 filed before the Appellate Tribunal constituted under the Prevention of Money Laundering Act, 2002. 2.

The Petitioner states that they preferred the afore-noted appeal challenging the order dated 19th March, 2021 passed by the Adjudicating Authority in Original Complaint No. 1351/2020.1 Through the said order, the Adjudicating Authority confirmed the Provisional Attachment Order bearing PAO No. 08/2020 dated 24th September, 2020 in ECIR no. 1 titled as Deputy Director vs M/s Sree Kanava Souradha Co-operative Credit Limited and Ors. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2024 at 12:07:07

BGZO/20/2020.

3.

At the time of filing of the appeal, the post of the Presiding Officer was vacant. In such circumstances, the Petitioner file the instant petition which has been tagged along with the other batch of petitions. 4.

In the interregnum, since the Presiding Officer has been appointed and the Tribunal is now functioning, the Petitioner seeks permission to withdraw the present petition with liberty to pursue the appeal before the Appellate Tribunal. Additionally, it is prayed that since the Petitioner has been afforded interim protection of status quo through order dated 02nd June, 2022, the said direction be extended to enable the Petitioner to seek appropriate interim relief in the pending appeal. 5.

In light of the above, the present application is allowed and disposed of.

W.P.(C) 6354/2022 6.

In light of the averments noted above, the Petitioner is permitted to withdraw the present petition with liberty to approach the Appellate Tribunal. It is directed that status quo order dated 02nd June, 2022 shall remain in force for a period of four weeks from today to enable the Petitioner to pursue its appellate remedy for appropriate orders. 7.

It is clarified that the Court has not examined the merits of the case. All rights and contentions of the parties are left open. 8.

Accordingly, the present petition, along with pending application(s), if any, is disposed of.

SANJEEV NARULA, J NOVEMBER 5, 2024/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2024 at 12:07:07