Disposed¶5

Joint Director Directorate of Enforcement v. Indian Overseas Bank & Ors.

Delhi HC5 Feb 2026MISC. APPEAL(PMLA)/2/2022

Case brief

AI extract

What is this about?

Keywords: Section 42 PMLA appeal; Appellate Tribunal (PMLA) New Delhi order 20.01.2020 set aside Provisional Attachment Order dated 29.03.2016 confirmed 22.09.2016; FPA-PMLA-1530/DLI/2016 to FPA-PMLA-1581/DLI/2016; Joint Director Directorate of Enforcement; Indian Overseas Bank; M/s Century Communication Limited liquidation, NCLT Company Petition No. (IB)-263 (PB)/2018, order 03.12.2019; undertaking dated 15.09.2025; Section 8(8) PMLA restoration of attached properties before Special Court (PMLA); Delhi High Court disposition 05.02.2026.

What did the court decide?

Appeal and pending applications disposed of on the strength of the appellant's undertaking in paragraph 8 of its affidavit dated 15th September, 2025, taken on record; parties left to take their remedies in accordance with law. ¶5

Joint Director Directorate of Enforcement Vs Indian Overseas… — Money Laundering | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in light of the appointment of a liquidator for M/s Century Communication Limited by the NCLT and the Directorate's undertaking (paragraph 8 of its affidavit dated 15th September, 2025) to support the Bank's restoration application u/s 8(8) PMLA before the Special Court (PMLA), the appeal challenging the Appellate Tribunal order setting aside the provisional attachment should be disposed of without adjudicating the merits.

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Court's answer

The appeal, along with the pending applications, is disposed of by taking on record the undertaking of the appellant contained in paragraph 8 of its affidavit dated 15th September, 2025 (undertaking to extend support to the Bank's application u/s 8(8) of PMLA, 2002 before the Special Court (PMLA) seeking restoration of the attached properties), leaving the parties to take their remedies in accordance with law; the merits of the attachment were not adjudicated by this Court.

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Detailed headnote1 paragraphs

High Court of Delhi (Navin Chawla and Ravinder Dudeja, JJ.), MISC. APPEAL(PMLA) 2/2022, decided 05.02.2026 — Appeal under Section 42 of the Prevention of Money Laundering Act, 2002 by the Joint Director, Directorate of Enforcement challenging the Appellate Tribunal (PMLA), New Delhi order dated 20th January, 2020 (in FPA-PMLA-1530/DLI/2016 through FPA-PMLA-1581/DLI/2016), by which the Provisional Attachment Order dated 29th March, 2016, confirmed on 22nd September, 2016, was set aside. Following the NCLT's appointment of a liquidator for M/s Century Communication Limited (order dated 03rd December, 2019 in Company Petition No. (IB)-263 (PB)/2018), the Directorate filed an additional affidavit dated 15th September, 2025, undertaking (paragraph 8) to extend support to the Bank if it applies u/s 8(8) of PMLA, 2002 before the Special Court (PMLA) seeking restoration of the attached properties. Taking that undertaking on record, the Court disposed of the appeal and pending applications, leaving the parties to their remedies in accordance with law. Merits not adjudicated; no precedent discussed; no quantum involved.

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- MISC. APPEAL(PMLA) 2/2022 & CM APPL. 18967/2022 STAY, CM APPL. 53533/2023

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JOINT DIRECTOR DIRECTORATE OF ENFORCEMENT .....PETITIONER

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Through: Mr. Anupam S. Sharrma, Special Counsel with Mr. Prakash Airan, Mr. Vashisht Rao and Ms. Riya S., Advocates.

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versus

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INDIAN OVERSEAS BANK & ORS. .....RESPONDENTS Through: Mr. Santosh Kumar Rout, Special Counsel for R-4 and 9.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R

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% 05.02.2026

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This appeal has been filed under Section 42 of the Prevention of Money Laundering Act, 2002 [“ PMLA ”], challenging the order dated 20th January, 2020, passed by the learned Appellate Tribunal (PMLA), New Delhi in:-

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a. FPA-PMLA-1530/DLI/2016

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b. FPA-PMLA-1550/DLI/2016

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c. FPA-PMLA-1551/DLI/2016

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d. FPA-PMLA-1552/DLI/2016

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e. FPA-PMLA-1553/DLI/2016

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f. FPA-PMLA-1554/DLI/2016

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g. FPA-PMLA-1555/DLI/2016

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h. FPA-PMLA-1556/DLI/2016

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This is a digitally signed order.

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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 09/02/2026 at 12:32:20

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i. FPA-PMLA-1566/DLI/2016

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j. FPA-PMLA-1581/DLI/2016

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By the said Order, the Provisional Attachment Order dated 29th March, 2016, which had later been confirmed on 22nd September, 2016, has been set aside.

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Subsequently, an order dated 03^rd December, 2019, passed by the learned National Company Law Tribunal in Company Petition No. (IB)-263 (PB)/2018, a liquidator has been appointed for M/s Century Communication Limited.

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The appellant has now filed an additional affidavit dated 15^th September, 2025, inter alia stating as under:-

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“8. That Directorate undertakes to extend support to the Bank if the Bank, in exercise of its legitimate rights, moves an appropriate application u/s 8(8) of PMLA, 2002, before the learned Special Court (PMLA) seeking restoration of the attached properties to satisfy its lawful and legitimate claim without prejudice to any proceedings under PMLA, and subject to the orders passed by the competent authority or court.”

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In view of the above affidavit, we dispose of this appeal, along with the pending applications, by taking the undertaking of the appellant as contained in paragraph 8 of the affidavit reproduced by us hereinabove on record, and leaving the parties to take their remedies in accordance of law.

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NAVIN CHAWLA, J

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RAVINDER DUDEJA, J

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FEBRUARY 5, 2026/ vd/na/ik

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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 09/02/2026 at 12:32:20

Joint Director Directorate of Enforcement v. Indian Overseas Bank & Ors.

Case brief

What is this about?

What did the court decide?

Joint Director Directorate of Enforcement v. Indian Overseas Bank & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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