J.K. Tyre And Industries Ltd v. Directorate Of Enforcement & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11478/2022 and CM APPLs.33927/2022, 33929/2022, 52986/2022, 52987/2022 J.K. TYRE AND INDUSTRIES LTD .....Petitioner Through:

Mr. Sidharth Luthra (Sr. Adv) along with Mr. Anoopam Prasad, Ms.

Nimrah Sameen, Advs.

versus DIRECTORATE OF ENFORCEMENT & ANR. .....Respondents Through:

Mr. Anupam S. Sharma (SP. Counsel) along with Mr. Prabhad Gautam, ADED.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 24.07.2025

O R D E R

1.

During the course of hearing, a status report has been handed over by the respondent no.1 which reads as under:- "1.

That the instant report is being filed by the Assistant Director, Directorate of Enforcement, Delhi Zonal Office-II, New Delhi on behalf of Directorate of Enforcement (herein referred to as Respondent No.1) to apprise the Hon'ble Court regarding the subsequent factual developments in the matter. 2.

That Respondent Directorate has received the reply of the Brazilian Authority through MHA, wherein it has been mentioned that:

"......... an international legal co-operation request an criminal matters pertaining to Operacao Lava-Jato-Operacao Cambio/ Desligo- Vinicus Claret and Claudio Barbazao, has the honour to inform that the matter pertaining to the present judicial assistance request had been deemed closed by the competent Brazilian Judicial authorities.

3.

That in view of the closure of proceedings by the competent Brazilian Judicial authorities, the Respondent Directorate will take necessary steps to de-freeze the bank accounts of the Petitioners and returning of bank guarantees submitted by the Petitioners, in accordance with law.

4.

That in view of the above, it is humbly requested that this Hon'ble Court may grant four weeks' time to the Respondent Directorate to take necessary steps for de-freezing the bank accounts and returning of bank guarantees to the petitioner. 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 06/08/2025 at 12:13:59

5.

That the instant report is submitted for kind perusal of this Hon'ble Court and may kindly be taken on record."

2.

Learned counsel for the respondent no.1 submits that as stated in the aforesaid Status Report, the respondent no.1 is in the process of taking necessary steps to de-freeze the bank accounts of the petitioner, and return of bank guarantee/s submitted by the petitioner. Let the same be done within a period of one month from today.

3.

Needless to say, the show cause notice dated 17.06.2022 (whereby the petitioner was called upon to show cause as to why the retention of bank account freezed be not retained by the Directorate of Enforcement), and all consequential proceedings pursuant thereto, shall no longer survive in view of the averments made in the status report filed on behalf of respondent no.1. 4.

The present petition, along with pending applications, stands disposed of.

SACHIN DATTA, J JULY 24, 2025/uk 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 06/08/2025 at 12:13:59