Sunita Wadhera v. Union Of India And ORS

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9397/2024 SUNITA WADHERA .....Petitioner Through:

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

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

Mr. Ravi Prakash, CGSC with Mr. Ali Khan, Advocate for UOI.

Mr. Manish Jain, Spl. Counsel with Ms. Sougata Ganguly and Mr. Snehal Sharda, Advocates for ED.

Mr. Aakash Meena, GP for R-1.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 09.09.2024 CM APPL. 52630/2024 (for clarification/correction of the order dated 12.08.2024) 1.

There are certain typographical errors that have crept in order dated 12th August, 2024. There is an error in the name of the Petitioner on account of bonafide mistake on part of the Petitioner's counsel. Further, the address of the property has been wrongly recorded. Further, counsel for Petitioner prays that he be allowed to file the fixed deposit of any recognised bank, instead of nationalised bank.

Accordingly, the order dated 12th August, 2024, shall now read as under: "$~47 *IN THE HIGH COURT OF DELHI AT NEW DELHI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

+ W.P.(C) 9397/2024 & CM APPL. 38605/2024 SUMITA WADHERA .....Petitioner Through:

Mr. Naveen Malhotra and Mr. Ritwik Malhotra, Advocates.

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

Mr. Manish Jain, Special Counsel with Ms. Snehal Sharda, Advocate for R-2/ ED.

Mr. Deepanshu Trivedi, AD of ED.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 12.08.2024 1.

The present petition, inter alia, seeks to direct the Respondents to release the property bearing No. B-765, Sushant Lok, Phase-1, Gurugram, Haryana, and, in lieu of such release, accept an alternate security in the sum of INR 1,15,50,000/-, which according to Petitioner, is the value of attachment attributable to the property in question. The said property is the subject matter of the provisional attachment order dated 28th March, 2024, passed by Deputy Director, Directorate of Enforcement. 2.

Mr.

Deepanshu Trivedi, Assistant Director of Enforcement Directorate, is present in person and on instructions, states that Respondent No. 2 and 3 are agreeable to release the property in question, subject to Petitioner's furnishing a fixed deposit from any recognised bank for a value equivalent to the value of attachment of INR 1,15,50,000/- in the name of 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 petition can be disposed of.

4.

Accordingly, the petition is disposed of with the following directions (a) Petitioner is directed to furnish a fixed deposit receipt from any recognised bank in the name of Directorate of Enforcement, for a value of INR 1,15,50,000/- 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 property bearing No. B-765 Sushant Lok Phase 1, Gurugram, Haryana. 5.

As regards other reliefs sought in the present petition, Petitioner is permitted to pursue all their grounds before the appropriate authority, in accordance with law.

6.

The Court has not commented on the merits of the case. All rights The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and contentions of the parties are left open. 7.

In the above terms, the present petition along with pending applications, if any, is disposed of."

2.

The amended memo as filed is taken on record. The Registry is directed to amend the cause title.

3.

With the above directions, the application is disposed of. CM APPL. 52547/2024 (for extension of time for 10 days for deposit of the amount in terms of the order dated 12.08.2024 be granted) 4.

For the grounds and reasons stated in the application, the timelines for furnishing the deposit are extended by a period of two weeks from today. 5.

The application is disposed of.

SANJEEV NARULA, J SEPTEMBER 9, 2024 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.