Deputy Director, Directorate Of Enforcement v. Punjab National Bank & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5851/2017 DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT ..... Petitioner Through:

Mr Sanjay Jain, ASG with Mr Gaurang Kanth, CGSC with Ms Biji Rajesh, Mr Pushkar Taimni, Ms Eshita Baruah, Mr Nitesh Rana and Mr Manish Jain, Advocates.

versus PUNJAB NATIONAL BANK & ORS ..... Respondents Through:

Mr Abhinav Agnihotri and Mr Shantanu Chaturvedi, Advocate for R-1, R-6 to R-29

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.07.2017 CM No. 24437/2017 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 5851/2017 and CM No. 24436/2017 3.

The petitioner has filed the present petition impugning an order dated 27.02.2017 (hereafter 'the impugned order') passed by the appellate tribunal under the Prevention of Money Laundering Act, 2002 at New Delhi. 4.

Mr Jain, learned ASG states that some of the facts placed before the appellate tribunal by the respondent bank are patently wrong. He has drawn the attention of this Court to paragraph 7 of the impugned order which

indicates that the tribunal had proceeded on the basis that the properties listed in paragraph 3 of the application filed by the respondent bank were mortgaged with it. However this was admittedly incorrect. 5.

In this view, it would be open for the petitioner to approach the tribunal to point out the factual errors and seek an appropriate order. 6.

The petition and the pending application are dismissed with liberty to the petitioner to approach this Court at a subsequent stage, if necessary. All contentions of the parties are reserved.

VIBHU BAKHRU, J JULY 14, 2017 RK