Disposed

Rana Kapoor S/O. Late Raj Kishore Kapoor v. Directorate of Enforcement and Ors.

Bombay HC24 Jun 2022APL/945/2021

Case brief

AI extract

What is this about?

In a miscellaneous application seeking transfer of proceedings under Section 44(1)(c) of the PMLA Act, the High Court directed the Enforcement Directorate to file a transfer application before the CBI Special Court. The matter was disposed of after fashioning directions for the affected court to decide the transfer application expeditiously.

What did the court decide?

Application disposed; ED directed to move transfer application before CBI Court within three weeks; concerned court directed to decide expeditiously.

Rana Kapoor S/O. Late Raj Kishore Kapoor Vs Directorate… — Banking and Recovery | Bombay HC (2022)

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1 of 2 7.APL.945.2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.945 OF 2021

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Rana Kapoor s/o Late Raj Kishore KapoorApplicant
versus
Directorate of Enforcement and othersRespondents

¶5

Mr.Vijay Aggarwal, Yash Agarwal, Jaomin Purani i/by Rahul S.
Agarwal for applicant.

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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.

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

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Mr.Arfan Sait, APP, for State.

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CORAM :PRAKASH D. NAIK, J.

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DATE :24th June 2022

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PC :

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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.

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MANISH Digitally signed byMANISH SURESH SURESH THATTE THATTE Date: 2022.06.3009:54:53 +0530

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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
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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2 of 2 7.APL.945.2021.doc

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3.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.

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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.

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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.

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(PRAKASH D. NAIK, J.)

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MST

Rana Kapoor S/O. Late Raj Kishore Kapoor v. Directorate of Enforcement and Ors.

Case brief

What is this about?

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Rana Kapoor S/O. Late Raj Kishore Kapoor v. Directorate of Enforcement and Ors.

Case brief

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