VIKASH JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter comes up on two applications filed by the petitioners; one, seeking amendment in the memo of writ petition and another seeking amendment in the stay application.

(2.) The facts in brief are that the petitioners have filed a writ petition assailing the legality and validity of the order/communication dtd. 21/12/2020 whereby, their properties have allegedly been attached by the Assistant Director (PMLA). During its pendency, the respondents passed an order dtd. 11/2/2022 under Sec. 5 of the Prevention of Money Laundering Act, 2002 (for brevity, "the Act of 2002") provisionally attaching the immovable properties of the petitioners. By way of the aforesaid amendment applications, the petitioners want to incorporate this subsequent event and to assail its legality and validity.

(3.) This Court finds support in this view from the judgment of the Hon'ble Apex Court in case of Lakha Ram Sharma v. Balar Marketing Private Limited, (2008) 17 SCC 671 wherein, it was held as under: