Lawstreet Journal

Supreme Court Pulls Up ED For Attaching Properties Despite Having Notice Of Hearing

Lawstreet Journal 5 Apr 2022 2:34am

Image courtesy: Lawstreet Journal Judiciary Supreme Court Pulls Up ED For Attaching Properties Despite Having Notice Of Hearing

The Supreme Court on Friday chastised the ED for proceeding to seal the properties in question and taking symbolic possession despite the Court's March 28 order permitting the service of the advance copy of the petition on the central agency and setting the matter for hearing on April 1 in a PMLA case where the "basic question involved is whether the provisional attachment order of 3.6.2021 ceases to be in force on the expiry of 180 days."

The panel of Justices A. M. Khanwilkar and A. S. Oka was hearing an SLP challenging the Bombay High Court's March 3 ruling authorising the Enforcement Directorate to seize the petitioners' assets. "We will temporarily stay the order of possession in respect of the property at Serial no. 8 (residential apartment of the petitioners) ... So far as the other properties are concerned, the Petitioners must deliver possession, though they are free to do so on a without prejudice basis. The attachment levied by the ED in respect of all 11 properties including the property at Sr No 8 will continue until further orders of this Court or of the appellate authority (yet to be appointed)", the High court had ordered.

On March 28, a bench led by Justice Khanwilkar issued the following order about the SLP: "The petitioners are permitted to serve advance copy of petition on the Standing Counsel for the Central Agency. List this matter on 01.04.2022"

The advocate for the petitioners told the bench on Friday that the… Continue Reading...

Tagged: Enforcement Directorate   Supreme Court of India  
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