M/S Winsome Diamonds & Jewellery Ltd. v. Union Of India & ORS

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11550/2016 & CM No. 45498/2016 M/S WINSOME DIAMONDS & JEWELLERY LTD.

..... Petitioner Through:

Mr Dheeraj Kumar Singh, Advocate.

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

Mr Amit Mahajan, CGSC, UOI with Ms Mallika Hirenath, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 02.08.2018 1.

At the outset, Mr Dheeraj Singh, learned counsel appearing for the petitioner states that an Interim Resolution Professional (IRP) has been appointed by the National Company Law Tribunal (NCLT), Ahmedabad. He states that he has no instructions from IRP to pursue this matter. 2.

Mr Singh states that the Adjudicating Authority has already passed an order attaching the properties in question. Further, the petitioner has also preferred an appeal before the Appellate Tribunal, PMLA, which is pending consideration.

3.

It is seen that the present petition was filed, essentially impugning the constitution of the Adjudicating Authority and the proceedings before the Adjudicating Authority. Plainly, it would be open for the petitioner to raise all objections, including those relating to the constitution of the Adjudicating Authority and the proceedings before the Adjudicating Authority, before the

Appellate Tribunal, PMLA.

4.

Since the Adjudicating Authority has already passed a final order, the reliefs as prayed for in this petition do not survive. The petition is disposed of with liberty to the petitioner to pursue its contentions before the appropriate forum.

5.

The pending application is also disposed of.

6.

All rights and contentions of the parties are reserved. 7.

Order dasti.

VIBHU BAKHRU, J AUGUST 02, 2018 MK