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Bombay High CourtWP/1932/2022disposed off

Do It Talent Ventures (India) Private Limited v. Directorate Of Enforcement And 2 ORS

2022-08-03Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice M. S. Karnik2 pages

116.WPNo.19322022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1932 OF 2022 DoIT Talent Ventures (India) Pvt. Ltd.

...

Petitioner

Versus

Directorate of Enforcement & Ors.

...

Respondents Mr. Karl Tamboly a/w. Adv. Sanjana Pandey i/b. Mr. Akash Menon, Advocate for the Petitioner.

Mr. H. S. Venegaonkar, Advocate for the Respondent Nos.1 and 2.

Mr. Vivek Patil i/b. Vivek Patil & Associates, Advocate for Respondent No.3/HDFC Bank.

CORAM:

S.V. GANGAPURWALA & M. S. KARNIK, JJ.

DATED :

AUGUST 3, 2022 P.C.

1.

The petitioner in this petition has challenged the freezing order dated 29/30th April 2020 passed by the respondent No.1/Directorate of Enforcement.

2.

Several similar writ petitions have been fled before the Delhi High Court and before this Court by other parties, and the same have been disposed of from time to time. Copies of the orders passed by the Delhi High Court and by this Court have been annexed at pages 161-230 of this writ petition. Mr. Venegaonkar appearing for respondent nos.1 and 2 has no objection to the petition being disposed of in similar terms.

Gaikwad RD 1/2

116.WPNo.19322022.doc 3.

Accordingly, by consent of the petitioner and respondent Nos.1 and 2, we dispose of the writ petition in the following terms :

(a) The order dated 16th June 2020 passed by this Court in Writ Petition AD-HOC NO. SP-LD-VC-43 of 2020 fled by Azure Entertainment, allowing the petitioner therein to deal with the amounts deposited after the bank accounts were attached/frozen is also made applicable to the present petitioner.

(b) We hereby clarify the Directorate of Enforcement shall be at liberty to pass further attachment orders. Needless to add that if such orders are passed, the petitioner shall be at liberty to impugn the same. All contentions of the parties are kept open before the adjudicating authority.

(c) The provisional attachment order dated 5th May 2020 being specifc for the amounts attached, the petitioner would be at liberty to operate their bank account subject to keeping a balance of the amount attached.

Liberty to apply only if the banks fail to comply with this order.

5.

The writ petition is accordingly disposed of. No costs. (M. S. KARNIK, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.08.05 12:33:31 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2