Arun Ramchandran Pillai v. Directorate Of Enforcement (Through Its Assistant Director)

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8372/2023 & CM APPLs. 32000/2023, 33712/2023 ARUN RAMCHANDRAN PILLAI ..... Petitioner Through:

Mr. Nitesh Rana, Mr. Anuj Tiwari, Mr. Kaushal Kait and Ms. Aroshi Pal, Advs.

versus DIRECTORATE OF ENFORCEMENT (THROUGH ITS ASSISTANT DIRECTOR) ..... Respondent Through:

Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani, Mr.

Kanishk Maurya, Mr.

Kartik Sabharwal and Mr. Antik Majumder, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 01.02.2024 1.

Learned Counsel appearing for the Petitioner states that in another writ petition i.e., W.P.(C) 13054/2023 filed by the very same Petitioner herein, this Court on 06.10.2023 has passed the following Order: "1. The Petitioner seeks to challenge the Order dated 17.07.2023 passed by the Adjudicating Authority under the PMLA Act, 2022.

2. Section 26 of the PMLA provides that a person aggrieved by an order of the Adjudicating Authority under this Act, may prefer an appeal to the Appellate Tribunal. It is well settled that when special legislation provides for a hierarchy of courts/authorities to 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 03/07/2025 at 18:30:48

adjudicate upon the disputes arising under the Act then the Writ Courts must be slow to interfere in such proceedings unless there is a patent lack of jurisdiction. [Refer: Commissioner of Income Tax & Ors vs. Chhabil Dass Agarwal, (2014) 1 SCC 603]

3. In view of the above, this Court is not inclined to entertain the present writ petition. The writ petition is dismissed, along with pending application(s), if any.

4. It is made clear that this Court has not made any observations on the merits of the case. It is open for the Petitioner to raise all contentions, including the contentions raised in the present writ petition before the Tribunal which shall be considered by the Tribunal on its own merits without being influenced by the fact that the instant writ petition has been dismissed.

5. Needless to state that the period from filing of the writ petition till its disposal shall be taken into account while calculating the limitation before the Tribunal." 2.

The aforesaid Order dated 06.10.2023 shall mutatis mutandis be applied to the present case as well.

3.

The writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 1, 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 03/07/2025 at 18:30:48