Deputy Director Directorate Of Enforcement v. Gagan Infraenergy Ltd & ANR.

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 763/2024, CM APPL. 45225/2024 & CM APPL. 45226/2024 DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT .....Appellant Through:

Mr. Anurag Ahluwalia, CGSC with Mr. Kritagya Kait, G.P., Mr. Anand Kirhi, Advocate, Mr.

G.

Subramaniam, DD, ED and Mr. Vijay Kumr, AD, ED.

versus GAGAN INFRAENERGY LTD & ANR.

.....Respondents Through:

Mr. Mohit Mathur, Sr. Advocate with Mr.

Hemant Shah, Mr.

Gurpreet Singh Parwanda, Mr. Akshay Rana, Mr.

Anirudh Sharma, Mr.

Pallav Srivastava and Mr. Vishal Mann, Advocates.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 13.08.2024 1.

On the last date of hearing, learned counsel for the appellant had taken time to obtain instructions.

2.

Today, learned counsel for the appellant, on instructions, states that appellant is willing to accept the substituted security of the amount equivalent to proceeds of crime by way of a Fixed Deposit Receipt ("FDR") in the name of the Enforcement Directorate. He further prays that directions be issued to the learned Single Judge to dispose of the underlying writ 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 16/08/2024 at 11:47:25

petition in a time bound manner.

3.

Learned senior counsel for the respondent states that though an FDR in the name of the respondent bearing a lien of the Enforcement Directorate has already been furnished to the appellant, yet the respondent is willing to replace the said security with an FDR in the name of the Enforcement Directorate with an auto renewal clause.

4.

In view of the aforesaid, this Court directs the respondent to replace the FDR already furnished by it to the appellant with an FDR in the name of the Enforcement Directorate with an auto renewal clause. For this purpose, the appellant shall return the FDR already furnished to the respondent within two working days and the respondent shall furnish the new FDR to the appellant within three working days thereafter. 5.

This Court further directs the learned Single Judge to decide the underlying writ petition being W.P. (C) No. 11264/2021 as expeditiously as possible, preferably within three months.

6.

Needless to state that the said FDR will be renewed till the disposal of the underlying writ petition and shall be subject to further orders to be passed by the learned Single Judge.

7.

It is made clear that this Court has not made any observations on the merits of the writ petition.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 13, 2024/MR 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 16/08/2024 at 11:47:25