AJANTA MERCHANTS PVT. LTD. Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) PRESENT writ petition has been filed seeking a direction to respondent No.1 to release the property bearing No.11, Prithvi Raj Road and hand over possession of the same to respondent No.2 -tenant.

(2.) MR . Amit Sibal, learned senior counsel for petitioner submits that taking over of possession by respondent No.1 was contrary to Rule 5(3) of the Prevention of Money Laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013, (for short 'Rules, 2013') formulated by the Central Government in exercise of its power conferred by Sub -section (1) read with Clause (ee) of Sub - section (2) of Section 73 of the Prevention of Money -Laundering Act, 2002 (for short 'Act, 2002'). Rule 5(3) of the Rules, 2013 reads as under: -

(3.) UPON a perusal of the paper book, the facts that are relevant to the present case are that on 30th August, 2013, a provisional attachment order under Section 5(1) of the Act, 2002 was passed by respondent No.1. The relevant portion of the said order reads as under: -