Pinky Jethwani v. Union Of India And ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1935/2025&CRL.M.A. 18146/2025 PINKY JETHWANI .....Petitioner Through:

Mr. Diwakar Singh, Adv. (through VC) Mr. Parijat Chandan, Adv.

versus UNION OF INDIA AND ANR .....Respondents Through:

Mr. Amit Tiwari, CGSC, Mr.

Himanshu Bidhuri, GP, Ms. Ayushi Srivastava, Mr. Ayush Tanwari, Advs. for UOI.

Mr. Anupam Sharma, Spl. Counsel, Mr. Prakarsh Airan, Mr. Anant Mishra and Mr. Siddharth Kumar, Advs. For ED.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 02.07.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Article 226 of the Constitution of India and Section 528 of the BNSS seeks the following prayers: - "1) Quash and set aside the eviction notice dated 05.06.2025 issued by Respondent No. 2 - the Enforcement Directorate - in respect of the premises located at Flat No. 1-43, Akashganga CHSL, New Link Road, Oshiwara, Jogeshwari (West), Mumbai - 400102, considering the peculiar facts and circumstances of the case;

2) Declare the Petitioner as the rightful and lawful owner of the aforesaid property, having acquired the same from her own legitimately earned income;

3) Grant an ad-interim stay on the execution and operation of the Eviction Notice bearing No. ECIR/STF/05/2019 dated 05.06.2025, 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 04/07/2025 at 04:30:48

in view of the pending appeal before the Appellate Tribunal, PMLA, New Delhi, which is next listed for hearing on 17th July 2025, and direct that status quo be maintained in the meantime;

4) Pass such other and further orders as may be deemed just and appropriate in the interest of justice, equity, and good conscience." 3.

Learned counsel appearing on behalf of the respondent no. 2, who appears on advance notice, submits that the appeal preferred by the petitioner is pending before the appellate authority and is fixed for hearing on 17.07.2025. It is further pointed out that similarly placed persons have also approached the appellate authority and the matter is now listed before the appellate authority on 17.07.2025.

4.

Even as per the petition, the present petitioner has already preferred an appeal before the appellate authority and the same is listed on 17.07.2025. 5.

In view of the above, this Court is not inclined to entertain the petition at this stage. The petitioner will be at a liberty to initiate appropriate proceedings before the appellate authority for any interim relief in accordance with law.

6.

In view of the above, the petition is disposed of. 7.

It is clarified that no arguments on merits have been heard in the present petition.

8.

Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J JULY 2, 2025/kr Click here to check corrigendum, if any 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 04/07/2025 at 04:30:48