Gunvor Trading Limited v. Deputy Director Directorate Of Enforcement And ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GUNVOR TRADING LIMITED ..... Petitioner Through:

Mr. Tushar Agarwal and Mr. Arun Kumar, Advocates.

versus DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT AND ANR.

..... Respondents Through:

Mr. Padmesh Mishra, Advocate for ED.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 15.05.2024 1.

The Petitioner has approached this Court with the following prayers: "A. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING/SETTING ASIDE THE ORDER/LETTER NO. ECIR/19/DLZO/2015/AD(SS) DATED 01.09.2020 ISSUED BY THE RESPONDENT NO.2; AND/OR B. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO FURTHER DIRECT THE ROAD TRANSPORT OFFICE, SOUTH DELHI TO REMOVE THE FLAG OF NOT TO BE TRANSACTED FROM VEHILCE NO.

DL3CCM2855, OF THE PETITIOENR; AND/OR C. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO FURTHER DIRECT THE ROAD TRANSPORT OFFICE, FARIDABAD, HARYANA TO REMOVE The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

THE FLAG OF NOT TO BE TRANSACTED FROM VEHILCE NO. HR51BJ4463, OF THE PETITIOENR;

AND/OR D. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION RESTRAINING THE RESPONDENTS FROM TAKING ANY FURTHER COERCIVE STEPS AGAINST THE VEHICLES OF THE PETITIONER FREEZED BY THE RESPONDENT NO.2 VIDE THE IMPUGNED ORDER/ LETTER NO.

ECIR/19/DLZO/2015/AD(SS) DATED 01.09.2020 TILL THE PENDENCY OF PRSENT PETITION;

AND/OR E. PASS ANY FURTHER ORDER(S) AS THIS HON'BLE COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE."

2.

On 09.05.2024, the learned Counsel appearing for the Respondents was directed to take instructions as to whether the vehicle in question has been attached or not.

3.

Today, learned Counsel for the Respondents has handed over a communication dated 01.09.2020 in Court which is addressed to the Regional Transport Officer (RTO) by the Respondent/ED. The said communication dated 01.09.2020 reads as under: "To The Regional Transport Officer (RTO), DDA Market, Sheikh Sarai, Delhi - 110017 Sub: Investigation under Prevention of Money Laundering Act 2002 in the matter of M/s Rhine and Raavi Holding Limited (now M/s Gunvor Trading Limited) & its Directors- reg.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sir, This office is conducting Investigation under Prevention of Money Laundering Act 2002 against M/s Rhine and Ravi Holding Limited (now M/s Gunvor Trading Limited) & its Directors.

2. In this regard, it is to inform that Toyota Land Cruiser Car bearing No.DL3CCM2855 is registered in the name of M/s Rhine and Raavi Holding Limited (now M/s Gunvor Trading Limited) is suspected to be proceeds of crime and are liable for attachment and confiscation under provisions of Prevention of Money Laundering Act, 2002. It is therefore requested that a reference shall be made with this office prior to allowing transfer of titles of the subject vehicle.

3. It is also requested that the present value of the vehicle may be provided alongwith relevant documents of the said vehicle to this office for further necessary action under PMLA, 2002.

4. This matter may be treated as urgent and the documents may please be provided on immediate basis. This letter is being issued under Section 54 of Prevention of Money Laundering Act, 2022 (as amended).

Yours faithfully, (Sanjeev Kumar Sahu) Assistant Director 4.

A perusal of the aforesaid communication indicates that investigation is going on regarding the vehicle in question, however, as of now there is no Attachment Order. In view of the fact that there is no Attachment Order in respect of the vehicle in question, no writ would lie against the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent/ED. It is for the Petitioner to challenge any other restriction imposed by the Regional Transport Officer (RTO) by taking appropriate steps in accordance with law.

5.

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

SUBRAMONIUM PRASAD, J MAY 15, 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.