M/S Indian Rice Mandi Ltd. v. Union Of India And ORS.

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11954/2018 & CM No. 46342/2018 M/S INDIAN RICE MANDI LTD.

..... Petitioner Through:

Mr Abhimanyu Bhandari, Mr Shivam Takiar, Mr Somesh Tiwari, Ms Aashima Singhal and Mr Jitender Bidhuri, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr Amit Mahajan, CGSC and Ms Mallika Hiremath, Advocate for respondent.

Mr Rajat Katyal, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.01.2019 1.

The petitioner has filed the present petition, inter alia, impugning the directions given by respondent no.2 (Directorate of Enforcement) to respondent no.3 freezing the operation of the bank accounts of the petitioner. It is the petitioner's case that the said communication is without authority of law.

2.

Mr Mahajan, learned counsel appearing for the respondents states that the said issue is squarely covered by the decision of this Court in Abdullah Ali Balsharaf & Anr v. Directorate of Enforcement & Ors decided on 09.01.2019. He, however, submits that the Directorate of Enforcement has also passed a provisional order of attachment under Section 5 of the

Prevention of Money Laundering Act, 2002 (PMLA) and, therefore, no further relief can be granted to the petitioner. The said contention is merited. The petition is disposed of leaving it open for the petitioner to avail of legal remedies in regard to the order passed under Section 5 of the PMLA. The other communications issued by the Directorate of Enforcement for freezing the accounts of the petitioner are quashed. 3.

The pending application is also disposed of.

VIBHU BAKHRU, J JANUARY 18, 2019 MK