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High Court of DelhiW.P.(C)/6724/2019

Vinay Mangla v. Adjudicating Authority Pmla

2019-08-01Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6724/2019 and CM No. 28262/2019 VINAY MANGLA ..... Petitioner Through:

Mr Maninder Singh, Ms Aekta Vats, Mr D. Takiar and Mr Sankalp Kohli, Advocates.

versus ADJUDICATING AUTHORITY PMLA ..... Respondent Through:

Mr Vinod Diwakar, CGSC.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.08.2019 1.

The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondent (Adjudicating Authority, PMLA) to provide an opportunity of hearing to the petitioner before passing a final order in Original Complaint No. 1080/2019 in Provisional Attachment Order No. 09/2018 dated 24.12.2018. The petitioner claims that it had paid substantial consideration to ABW Infrastructure Ltd., for the allotment of a residential plot measuring 263.120 sq. yards located in Brahma City, Sector 60, 61, 62, 63 and 65 Gurgaon, Haryana.

2.

The properties forming the part of the said project have been provisionally attached by the Enforcement Directorate. The matter regarding conformation of the said attachment was pending before the adjudicating authority and in this context, the petitioner had requested that his representation be heard by the Adjudicating Authority. It is stated that the petitioner had also filed a representation before the Adjudicating Authority.

However, the same has not been considered and a final order confirming the attachment has been passed by the Adjudicating Authority on 07.06.2019. The petitioner has also filed an appeal against the said order before the Appellate Tribunal.

3.

Since an order dated 07.06.2019 confirming the attachment has already been passed, the relief as sought for by the petitioner cannot be granted. However, this would not preclude the petitioner from assailing the said order on the ground that the petitioner was not afforded any opportunity to be heard and the petitioner's interest are also affected. 4.

The petition is disposed of with the aforesaid observations. The pending application is also disposed of.

5.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J AUGUST 01, 2019 RK