Shri Surendra Kumar Chandra vs Direcotrate Of Enforcement, ...
2022 Latest Caselaw 166 Chatt

Citation : 2022 Latest Caselaw 166 Chatt
Judgement Date : 10 January, 2022

Chattisgarh High Court

Shri Surendra Kumar Chandra vs Direcotrate Of Enforcement, ... on 10 January, 2022

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                   WPC No. 5410 of 2021
        Shri Surendra Kumar Chandra & Anr. Versus Directorate Of Enforcement,
                             Government Of India & Anr.




10/01/2022         Mr. Manoj Paranjpe, Advocate with Mr. Anshul Tiwari, Advocate for
             the petitioners.

                   Dr. Saurabh Kumar Pande, Advocate with Mr. Anil S. Pandey,
             Advocate for the respondents.

Petition is admitted for hearing.

Counsel for the respondents prays that he may be granted two weeks time to file reply.

Also heard on I.A. No.1, which is an application for grant of interim relief seeking stay of the confirmation proceedings to the provisional order of attachment (Annexure P/1).

In the instant case, the impugned order of provisional attachment was issued on 04.06.2021 and as per Sub-section (1) of Section 5 of the Prevention of Money Laundering Act, 2002 an order of provisional attachment would have its effect only for a maximum period of 180 days or unless the order of provisional attachment stands confirmed under Sub-section (3) of Section 8 of the said Act of 2002 whichever is earlier.

In the instant case 180 days starting from 04.06.2021 would come to an end on 01.12.2021. The authorities have not confirmed the order of provisional attachment in between and hence as per Sub-section (3) of Section 5 of the said Act of 2002 the order of provisional attachment, if not confirmed under Sub-section (3) of Section 8, it would cease to have its effect.

Thus, prima facie a strong case for grant of interim relief to the petitioner has been made out. Accordingly, the respondent authorities are directed to refrain from proceedings further with the confirmation proceedings, if at all if the respondents intend to proceed.

Let the matter be listed for hearing on the 1 st of February, 2022 in List-1 for further orders on I.A. No.1.

The order of this Court is fortified from recent decision of the judgment of the Delhi High Court in the case of "M/s. Vikas WSP Ltd. & Ors. v. Directorate Enforcement & Anr." 2021 276 (DLT) 599.

Sd/-

(P. Sam Koshy) Judge

Ved