Ashokbhai Akhenia v. Directorate Of Enforcement & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16420/2024, CM APPL. 69340/2024 ASHOKBHAI AKHENIA .....Petitioner Through:

Mr. Rajesh Lathigara, Advocate.

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

Mr. Anuj Aggarwal, ASC, GNCTD with Mr. Yash Upadhyay and Mr. Siddhant Dutt, Advocates for R2.

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

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 27.11.2024 1.

The Petitioner, owner of shop No. 107, first floor, measuring about 281.52 sq. ft., Gali No. 9 and 10, Municipal No. 2460-2461 and 2476, Ward No. XVI, built on plot No. 326, Beadon Pura, Naiwala Estate, Karol Bagh, New Delhi - 110051.1 The Petitioner asserts title to the said property under a sale deed dated 25th September, 2001 duly registered under No. 4187 Addl. Book No. I, Volume No. 10918 before Sub Registrar-III, New Delhi. 2.

The Petitioner executed an agreement to sell dated 11th May, 2024 in respect of the subject property, in favour of Mr. Apporv Gupta. Intending to complete the transfer through a sale deed, the Petitioner approached the office of the Sub Registrar-III, Asal Ali Road, Respondent No. 2. However, W.P.(C) 16420/2024 Page 1 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

he was informed that registration cannot proceed, as the subject property is listed under Annexure-I of an attachment order dated 5th April, 2024. The said order is issued by the Directorate of Enforcement2 under the Prevention of Money Laundering Act, 2002 and pertains to the attachment of various immovable properties belonging to M/s Ginni Gold Private Limited, an entity of M/s Shree Raj Mahal Jewellers Private Limited. 3.

In the above circumstances, the Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, 1950, calling upon the ED to cure and to carry out corrections in their attachment order dated 5th April, 2024 by specifying the shop number of the attached properties of M/s Ginni Gold Private Limited. 4.

Counsel for Petitioner alleges that there are press releases dated 21st January, 2024, 9th May, 2024 and 27th September, 2024 notifying the public about the attachment of properties belonging to M/s Ginni Gold Private Limited. The Petitioner asserts that his property is entirely unrelated to the said entity and its affairs, and therefore, it should not be subject to the encumbrance arising from the attachment order. 5.

Having heard the counsel for the parties, it appears that the information given to the Petitioner by Respondent No. 2 is premised on a communication received by them from the ED to the following effect: 1 "the subject property"

2 "ED"

W.P.(C) 16420/2024 Page 2 of 6 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) 16420/2024 Page 3 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The dispute arose as the Petitioner's property is listed at Serial No. 15 in Annexure-I of the afore-mentioned communication. However, this issue has been resolved in view of the communication issued by the Assistant Directorate of Enforcement to the Petitioner's counsel, which states as follows:

W.P.(C) 16420/2024 Page 4 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

In light of the above, it is evident that Petitioner's property is not among those attached by the ED, as of now. Accordingly, taking note of the stand of the ED, the present petition is disposed of. Should the Petitioner present any document of transfer in respect of the subject property, Respondent No. 2 shall take appropriate action therein, in accordance with law, having regard to the communication extracted above, issued by the ED. 8.

It is also noticed that House No. 2460-61 and 2476, Beadon Pura, W.P.(C) 16420/2024 Page 5 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Naiwala Estate, Karol Bagh comprise a large parcel of land encompassing the Petitioner's shop as well as several other shops. However, considering the possibility that other individuals may own properties within the aforementioned complex, the ED is directed to provide Respondent No. 2 with specific details of the shops attached by them through attachment order dated 5th April, 2024. This measure will ensure that other property owners within the complex are not subjected to unnecessary inconvenience. 9.

With the above directions, the petition, along with pending application, is disposed of.

SANJEEV NARULA, J NOVEMBER 27, 2024 nk W.P.(C) 16420/2024 Page 6 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.