Harbhajan Singh v. Union Of India And ORS

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9358/2024, CM APPL. 38410/2024 HARBHAJAN SINGH .....Petitioner Through:

Mr. Naveen Malhotra and Mr. Ritvik Malhotra, Advocates.

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

Mr. Nishant Gautam, CGSC with Mr. Vardhman Kaushik, Ms. Sanjana Mehrotra, Mr. Vinay Kaushik, Mr. Mayank Sharma, Mr. Ajay Kanojiya and Mr. Rudra Rout, Advocates for R-1.

Mr. Manish Jain, SPP with Mr. Sougata Ganguly, Mr. Urmila Sahoo, Advocates.

Mr. Deepanshu Triwedi, AD for ED.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 20.08.2024 1.

The present writ petition, inter alia, seeks to direct the Respondents to release two properties being - (a) Second floor of H. No. 18, NRI Complex, Greater Kailash - IV, New Delhi and (b) Residential plot of land measuring 200 Sq. Meters at Village Chataula, District Nanital, Uttarakhand and, in lieu of such release, accept an alternate security in the sum of INR 2,45,02,463/-, which according to Petitioner, is the value of attachment attributable to the properties in question. The said properties are the subject The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

matter of the provisional attachment order dated 18th March, 2024, passed by Deputy Director, Directorate of Enforcement.

2.

Mr. Deepanshu Trivedi, Assistant Director of Enforcement Directorate, appearing through video conferencing mechanism, states on instructions that Respondent No. 2 and 3 are agreeable to release the properties in question, subject to Petitioner's furnishing a fixed deposit receipt from a nationalised bank for a value equivalent to the value of attachment of INR 2,45,02,463/-, in the name of the Directorate of Enforcement.

3.

In view of the foregoing, Mr. Naveen Malhotra, counsel for Petitioner, without prejudice to his rights and contentions, states that the present writ petition can be disposed of.

4.

Accordingly, the writ petition is disposed of with the following directions:- (a) Petitioner is directed to furnish a Fixed Deposit Receipt from a nationalised bank in the name of Directorate of Enforcement, for a value of INR 2,45,02,463/-, to Respondents No. 2 and 3, within a period of one month from today.

(b) On the deposit of the said amount, Respondents No. 2 and 3 shall issue appropriate directives to the relevant authorities intimating release of the subject properties being - (a) Second floor of H. No. 18, NRI Complex, Greater Kailash - IV, New Delhi and (b) Residential plot of land measuring 200 Sq. Meters at Village Chataula, District Nanital, Uttarakhand 5.

As regards other reliefs sought in the present writ petition, Petitioner is permitted to pursue all their grounds before the appropriate authority, in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accordance with law.

6.

The Court has not commented on the merits of the case. All rights and contentions of the parties are left open.

7.

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

SANJEEV NARULA, J AUGUST 20, 2024 nk ` The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.