Anant Raj Kanoria v. Directorate Of Enforcement

$~27 & 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8417/2023 & CM APPL. 32083/2023 SUJIT KANORIA ..... Petitioner Through:

Mr. Ankur Chawla, Mr. Mudit Jain, Mr. Gurpreet Singh, Mr. Aamir Khan and Mr.

Shivam Tandon, Mr.

Rudraksh Nakra, Ms. Garima Singh, Ms. Shreya Maggu and Mr. Aayush Goswami, Advocates.

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

Mr. Zoheb Hossain, Mr. Vivek Gurnani and Mr. Kanishk Maurya, Advocates.

+ W.P.(C) 8418/2023 & CM APPL. 32085/2023 ANANT RAJ KANORIA ..... Petitioner Through:

Mr. Ankur Chawla, Mr. Mudit Jain, Mr. Gurpreet Singh, Mr. Aamir Khan and Mr.

Shivam Tandon, Mr.

Rudraksh Nakra, Ms. Garima Singh, Ms. Shreya Maggu and Mr. Aayush Goswami, Advocates.

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

Mr. Zoheb Hossain, Mr. Vivek Gurnani and Mr. Kanishk Maurya, Advocates.

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CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 28.02.2024 1.

Learned Counsel appearing for the Petitioners states that the present writ petitions be disposed of in terms of the Judgment dated 29.01.2024 passed by the Division Bench of this Court in MISC. APPEAL (PMLA)- 6/2023 and MISC. APPEAL (PMLA)-7/2023. The relevant portion of the said Judgment reads as under:

"4. Learned counsel for appellant/intervenor submit that they have no objection to charges of photocopying being borne by them and further submit that within one week of being intimated the charges, they shall forthwith deposit the same with the concerned authority.

5. Learned counsel for Directorate of Enforcement submits that Department has no objection if the time for filing a response to the Show Cause Notice is enlarged by a period of 30 days from the receipt of respective copy of documents/records/data by the appellants/intervenors.

6. In view of the above, the appeals as well as intervention applications are disposed of, directing the respondents to provide a copy of documents/records/data of electronic devices seized from the appellant/intervenor to the respective appellant/intervenor as the case may be.

7. It is clarified that the appellant/intervenor shall only be entitled to copy of documents/records/data of electronic device seized or taken possession of from that appellant/intervenor only.

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8. On supply of copy of documents/records/data of electronic device, as the case may be, said appellant/intervenor shall file a reply to the Show Cause Notice dated 02.03.2023 within a maximum period of 30 days from the date of supply of the respective documents/records/data.

9. The adjudicating authority shall thereafter be at liberty to dispose of the Show Cause Notice in accordance with law.

10. It is further clarified that since the contention of the appellants has been that they were handicapped in filing response in the absence of documents and this Court by orders dated 21.06.2023, 23.06.2023 and 07.07.2023, had extended the period of filing a reply and by order dated 13.07.2023, directed deferring of further proceedings by the adjudicating authority, the period between the filing of the petition and for a further period of 90 days from today shall not be taken into account while computing the period of 180 days as provided under Section 21 of the Act.

11. Further, it may be noticed that on 13.07.2023, learned counsel for the appellant had conceded that the appellants shall not claim or contend that the proceedings have become time barred in view of present proceedings initiated by them.

12. The appeals and the applications are disposed of in the above terms. It is clarified that this Court has neither considered, nor commented upon the merits of the contention of either party (except on the question of limitation prescribed under Section 21 of the Act). All rights and contentions of the parties are reserved." 2.

The aforesaid Judgment dated 29.01.2024 shall apply mutatis The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

mutandis to the present cases as well.

3.

In view of the above, the writ petitions are disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 28, 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.