Capital India Finance Limited v. Directorate Of Enforcement Mumbai Zonal Office 1

1 7-WP-176-2025.docx rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.176 OF 2025 Capital India Finance Limited : Petitioner.

Versus

Directorate of Enforcement Mumbai Zonal Office 1 : Respondents ______________________________________________________ Mr. Pradeep S. Jetly, Senior Advocate a/w. Mr. Subir S. Sarkar i/b Mr. Arjun P. Jetly, for the Petitioner.

Mr. Anil D. Yadav, for the Respondent Nos.1 to 3. ______________________________________________________

CORAM

M. S. Sonak & Jitendra Jain, JJ.

DATED:

22 JULY 2025 PC:- 1.

Heard learned counsel for the parties.

2.

This petition seeks return of the petitioner's property (Domestic and Foreign Exchange Currency) which, according to the petitioner, has been unauthorizedly seized by the respondents in November 2024.

3.

Mr. Jetly, learned counsel for the petitioner points out that on 4 December 2024 (Exhibit H at page 80) the petitioner has applied for release of the seized property.

2 7-WP-176-2025.docx However, till today, even this application has not been disposed of by respondent No.3, who is the appropriate authority, accordingly, we direct Respondent No.3 to dispose of petitioner's application dated 4 December 2024 as expeditiously as possible and in any event within four weeks of uploading of this order. Respondent No.3 must hear the petitioner/petitioner's representative and pass a reasoned order which should be communicated to the petitioner within period of four weeks.

4.

All contentions of all parties on merits are however left open because we believe that Respondent No.3 should consider the same or rather should have considered the same within reasonable period of petitioner applying for release. 5.

Petition is disposed of in above terms with no costs whatsoever.

6.

All parties must act on an authenticated copy of this order.

(Jitendra Jain, J) (M.S. Sonak, J)