WAVE HOSPITALITY PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Cm APPL. 24215/2019 (exemption)

(2.) It is the case of the petitioner that the aforesaid act of the Enforcement Directorate in attaching the property provisionally valued to the tune of more than Rs.120 crores is gross misuse and blatant abuse of the provisions of law whereby in an arbitrary and capricious manner circumventing all provisions of law the impugned action has been taken.

(3.) Apart from challenging the impugned order, prayer is also made for declaring Sec. 5(1), 5(5), 8(3), 8(5) and 8(6) of the PMLA to be unconstitutional, arbitrary and ultra vires of Articles 14, 19 and 21 of the Constitution of India. It is also pointed out that identical petitions not only challenging the provisional orders of attachment but constitutional validity of the statutory provisions are pending before this Court and in the matter of attachment made certain interim protections have been granted.