Mr. Ambrish Singh Ahluwalia v. The Joint Director, Director Of Enforcement

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 922 OF 2015 IN FIRST APPEAL NO. 1000 OF 2014 Mr. Ambrish Singh Ahluwalia ...Appellant

Versus

The Joint Director, Director of Enforcement

...Respondents

Mr. Akshay Patil, & Mr. Kiran Padalkar, i/b India Law Alliance, for the Appellant.

Mr. P.S. Jetly & Mr. D.P. Singh, for the Respondents. CORAM: A. S. OKA & G.S. PATEL, JJ.

DATED:

18th November 2015 PC:- 1.

Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondents. Substantive Appeal against the orders passed by the Authorities under the provisions of Money Laundering Act, 2002 has been admitted for final hearing. In order dated 2nd March 2015, this Court has recorded that the Applicant has made out a strong prima facie case.

2.

Today, the Applicant has tendered an undertaking on an Affidavit which is affirmed on 18th November 2015. The same is taken on record and marked "A" for identification.

3.

The order of provisional attachment of the flat in question was made on 14th February 2013 which was confirmed by the Adjudicating Authority on 11th July 2013.

4.

Though the ad-interim relief granted by this Court on 2nd March 2015 deserves to be confirmed, it will have to be clarified that the order of attachment shall continue till the disposal of the Appeal but no further steps will be taken on the basis of the said order of attachment.

5.

Accordingly, we dispose of this Application by passing the following order:

(a) The undertaking of the Petitioner in terms of clause

(4) of the Affidavit tendered today (marked "A" for identification) is accepted;

(b) The ad-interim relief granted under orders dated 24th July 2014 and 3rd February 2015 shall continue to operate as interim relief with a clarification that the order of attachment will continue to operate. However, no further steps shall be taken on the basis of attachment till the disposal of the Appeal;

(c) In the event the Applicant commits any breach of undertaking which is accepted today, it will be open for the Respondents to move before this Court for vacating the interim relief;

(d) The Application is disposed on above terms.

(G. S. PATEL, J.) (A. S. OKA, J.)