Disposed

Sunita Wadhera v. Union of India and Ors.

Delhi HC12 Aug 2024W.P.(C)/9397/2024

Case brief

AI extract

What is this about?

This order corrects clerical errors in a previous order and grants a two-week extension for deposit of security. Subsequently, the petition to release attached property in Gurugram upon furnishing a fixed deposit of INR 1.15 crore from any recognized bank was disposed of.

What did the court decide?

Extension for two weeks granted; Petitioner directed to deposit INR 1.15 crore from any recognized bank; Property release directed upon deposit.

Sunita Wadhera Vs Union of India and Ors. — Property and Title | Delhi HC (2024)

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9397/2024

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SUNITA WADHERA .....Petitioner Through: Mr. Naveen Malhotra and Mr. Ritvik Malhotra, Advocates.

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versus

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UNION OF INDIA AND OR	S .....Respondents
Through:	Mr. Ravi Prakash, CGSC with
	Mr. Ali Khan, Advocate for UOI.
	Mr. Manish Jain, Spl. Counsel with
	Ms. Sougata Ganguly and Mr. Snehal
	Sharda, Advocates for ED.
	Mr. Aakash Meena, GP for R-1.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 09.09.2024 CM APPL. 52630/2024 (for clarification/correction of the order dated 12.08.2024)

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There are certain typographical errors that have crept in order dated 12^th August, 2024. There is an error in the name of the Petitioner on account of bonafide mistake on part of the Petitioner’s counsel. Further, the address of the property has been wrongly recorded. Further, counsel for Petitioner prays that he be allowed to file the fixed deposit of any recognised bank, instead of nationalised bank.

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Accordingly, the order dated 12^th August, 2024, shall now read as under:

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“$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2024 at 12:16:16

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+ W.P.(C) 9397/2024 & CM APPL. 38605/2024 SUMITA WADHERA .....Petitioner

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Through: Mr. Naveen Malhotra and Mr. Ritwik Malhotra, Advocates.

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versus

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UNION OF INDIA AND ORS .....Respondents Through: Mr. Manish Jain, Special Counsel with Ms. Snehal Sharda, Advocate for R-2/ ED. Mr. Deepanshu Trivedi, AD of ED.

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CORAM: HON’BLE MR. JUSTICE SANJEEV NARULA O R D E R

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% 12.08.2024

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1. The present petition, inter alia, seeks to direct the Respondents to release the property bearing No. B-765, Sushant Lok, Phase-1, Gurugram, Haryana, and, in lieu of such release, accept an alternate security in the sum of INR 1,15,50,000/-, which according to Petitioner, is the value of attachment attributable to the property in question. The said property is the subject matter of the provisional attachment order dated 28^th March, 2024, passed by Deputy Director, Directorate of Enforcement.

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2. Mr. Deepanshu Trivedi, Assistant Director of Enforcement Directorate, is present in person and on instructions, states that Respondent No. 2 and 3 are agreeable to release the property in question, subject to Petitioner’s furnishing a fixed deposit from any recognised bank for a value equivalent to the value of attachment of INR 1,15,50,000/- in the name of Directorate of Enforcement.

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3. In view of the foregoing, Mr. Naveen Malhotra, counsel for Petitioner, without prejudice to his rights and contentions, states that the present petition can be disposed of.

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4. Accordingly, the petition is disposed of with the following directions

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(a) Petitioner is directed to furnish a fixed deposit receipt from any recognised bank in the name of Directorate of Enforcement, for a value of INR 1,15,50,000/- to Respondents No. 2 and 3, within a period of one month from today.

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(b) On the deposit of the said amount, Respondents No. 2 and 3 shall issue appropriate directives to the relevant authorities intimating release of property bearing No. B-765 Sushant Lok Phase 1, Gurugram, Haryana.

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5. As regards other reliefs sought in the present petition, Petitioner is permitted to pursue all their grounds before the appropriate authority, in accordance with law.

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6. The Court has not commented on the merits of the case. All rights

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and contentions of the parties are left open.

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7. In the above terms, the present petition along with pending applications, if any, is disposed of.”

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The amended memo as filed is taken on record. The Registry is directed to amend the cause title.

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With the above directions, the application is disposed of.

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CM APPL. 52547/2024 (for extension of time for 10 days for deposit of the amount in terms of the order dated 12.08.2024 be granted)

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For the grounds and reasons stated in the application, the timelines for furnishing the deposit are extended by a period of two weeks from today.

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The application is disposed of.

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SANJEEV NARULA, J

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SEPTEMBER 9, 2024 nk

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Sunita Wadhera v. Union of India and Ors.

Case brief

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Sunita Wadhera v. Union of India and Ors.

Case brief

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