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High Court of DelhiW.P.(C)/5621/2024

Ramesh Handa v. Directorate Of Enforcement

2024-04-23Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5621/2024 RAMESH HANDA ..... Petitioner Through:

Mr. Narender Maan, Mr. Naveen Kumar, Mr. Tushar Agarwal, Mr.

Arun Kumar, Mr. Abhishek Mahar, Advs.

versus DIRECTORATE OF ENFORCEMENT ..... Respondent Through:

Mr. Samrat Goswami, Adv. for ED

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 23.04.2024 CM APPL. 23208/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 5621/2024 & CM APPL. 23207/2024 1.

The Petitioner has approached this Court with the following prayers: "A. Issue an appropriate Writ/Order restraining the Respondent from executing and taking any action in terms of Notice for Eviction for Taking Possession dated 10.04.2024 issued by the Respondent agency u/ s 8(4) PMLA till the pendency of the Appeal no. 33/2024 along with Stay Application No.

MP-PMLA86/DLI/2024 filed by the Petitioner before Hon'ble Appellate Tribunal, PMLA; and/or B. Pass any further order(s) which this Hon'ble Court may deem fit in the interest of justice."

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 25/04/2024 at 12:22:10

2.

It is stated by the learned Counsel for the Petitioner that the Petitioner has filed an appeal against the Order dated 23.11.2023 passed by the Adjudicating Authority in Original Complaint (OC) 2021/2023 confirming the Provisional Attachment Order. He states that during the pendency of the appeal, steps have been taken to evict the Petitioner from the premises in question. He states that if the Petitioner is evicted then the issue pending before the Tribunal will be overreached.

3.

In view of the fact that the eviction notice has been issued on 10.04.2024, the Tribunal is requested to consider the stay application at the earliest, preferably within a period of one month from today. 4.

With these observations, the writ petition is disposed of, along with pending application(s), if any.

5.

It is made clear that this Court has not made any observations on the merits of the case.

SUBRAMONIUM PRASAD, J APRIL 23, 2024 S. Zakir 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 25/04/2024 at 12:22:10