Rana Kapoor S/O. Late Raj Kishore Kapoor v. Directorate Of Enforcement And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.945 OF 2021 Rana Kapoor s/o Late Raj Kishore Kapoor Applicant versus Directorate of Enforcement and others Respondents Mr.Vijay Aggarwal, Yash Agarwal, Jaomin Purani i/by Rahul S. Agarwal for applicant.

Mr.Amit Desai, Senior Advocate, with Gopal Shenoy, Kushal Mor, Rohan Dakshini, Pooja Kothari, Janaki Garde and Urvi Gupte i/by Rashmikant and Partners for respondent no.4.

Mr.H.S.Venegavkar, Special P.P. for respondent nos.1 and 2. Mr.Kuldeep Singh, Enforement Officer, present. Mr.Arfan Sait, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 24th June 2022 PC :

1.

The co-accused Kapil Wadhawan had I.A.No.1109 of 2022 seeking permission to intervene and/or implead the applicant as party in Criminal Application No.945 of 2021, which has been allowed by order dated 29th April 2022. Pursuant to the order dated 29th April 2022, requisite amendment has been carried out and the intervenor has been added as respondent no.4 in this application. 2.

The applicant has preferred this application seeking transfer of proceedings in CBI Special Case No.830 of 2021 and Special Case No.965 of 2021 pending before the CBI Special Judge to the Special MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.06.30 09:54:53 +0530 PMLA Court hearing Special PMLA Case No.452 of 2020 and Special Case No.579 of 2020 in terms of Section 44(1)(c) of PMLA Act, 2002.

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The Enforcement Directorate had preferred PMLA Miscellaneous Application No.1640 of 2021 before the learned Sessions Judge seeking transfer of proceedings, which has been rejected by order dated 15th February 2022 on the ground that it is not maintainable.

4.

Mr.Venegavkar appearing for respondent nos.1 and 2, on instructions, submit that Enforcement Directorate would prefer an application before CBI Special Judge seeking transfer of proceedings pending before CBI Court to the Court of PMLA in terms of order dated 15th February 2022 passed by Sessions Court. 5.

In the event such application is preferred, the concerned Court shall decide such application in accordance with Section 44(1)(c) of PMLA Act and in accordance with law. It is expected that such application would be moved within three weeks from today and concerned Court shall decide such application expeditiously. In these circumstances, this application stands disposed of. (PRAKASH D. NAIK, J.) MST