Deputy Director, Directorate Of Enforcement v. Nirav Deepak Modi (Declated F.E.O.) And ORS.

29-APPEAL-1615-2023(2).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1615 OF 2023 WITH INTERIM APPLICATION NO. 503 OF 2023 Deputy Director, Directorate of Enforcement .Appellant Vs.

Nirav Deepak Modi & Ors.

.Respondents ----------- Mr. Aayush Kedia h/f. Mr. H. S. Venegavkar for the Appellant. Mr. Lalan Gupta a/w. Mr. Aditya Malhotra and Mr. Anuj Loya i/b. Shardul Amarchand Mangaldas & Co. for Respondent No.2. Mr. Manavendra Mishra, Mr. Sankalp Sharma, Mr. Palash Bhatkoti, Mr. Pranjal Agarwal i/b. Khaitan & Co for Respondent No.3 (PPC).

Ms. M. H. Mhatre, APP for the State.

-----------

CORAM

:

SUNIL B. SHUKRE AND KAMAL KHATA, JJ.

DATE :

23 MARCH, 2023 P. C.

.

Heard the learned counsel for the Applicant and learned counsel for the Respondents respectively. Respondent No.1-Nirav Deepak Modi having been already declared a Fugitive Economic Offender under Section 12(1) of the Fugitive Economic Offenders Act, 2018, by an order of the Special Judge, passed on 5th December, 2019, in the proceedings, being Criminal Misc. Application No. 998 of 2018 in respect of all his assets. It then Ganesh Lokhande This order is corrected as per speaking to the minutes order dated 31st March, 2023

29-APPEAL-1615-2023(2).odt follows that he is now only a formal party having no rights whatsoever in respect of all those assets and properties and therefore, there is no need to issue him a notice. 2.

The reasons stated in the Application, in our opinion, Criminal Interim Application No. 503 of 2023, disclose sufficient cause and therefore, the Application deserves to be allowed. 3.

Application is allowed.

4.

Delay is condoned. Appeal be registered.

5.

Issue notice for final disposal at admission stage to the Respondents.

6.

Learned APP waives service of notice for the Respondent-State. Mr. Manavendra Mishra, learned counsel waives service of notice for Respondent No.3-PPC. Mr. Lalan Gupta, learned counsel waives notice for Respondent No.2. 7.

Stand over to 13th April, 2023.

( KAMAL KHATA J. ) ( SUNIL B. SHUKRE, J. ) Ganesh Lokhande This order is corrected as per speaking to the minutes order dated 31st March, 2023