Delhi High Court
Axle Energy Pvt. Ltd & Anr. vs Directorate Of Enforcement & Anr. on 23 December, 2021
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.12.2021
+ W.P.(C) 14995/2021 & CM APPL. 47320/2021
AXLE ENERGY PVT. LTD. & ANR. ..... Petitioners
versus
DIRECTORATE OF ENFORCEMENT & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. R.K. Handoo, Mr. Yoginder Handoo, Mr. Aditya
Chaudhary, Mr. Saurabh Soni and Mr. Ashwin Kataria,
Advocates
For the Respondent: Mr. Amit Mahajan, CGSC with Mr. Kritagya Kait,
Advocate
Mr. Rajesh Gogna, CGSC with Arihant Jain, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 47321/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 14995/2021
1. The petitioners assail the possession notice dated 17.09.2021
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.12.2021
Signing Date:24.12.2021 11:00:13 22:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
issued by the respondent.
2. Learned counsel for the petitioners submits that being
aggrieved by the impugned order, the petitioners have already
preferred a statutory appeal along with an application for stay in
February, 2021 before the Appellate Tribunal, PMLA, which is not
being taken up for consideration as the Tribunal is presently not
functional for want of quorum. He submits that taking benefit of the
said fact, the respondents have already issued the impugned
possession notice on 17.12.2021 and are threatening to take
possession of the premises which form subject matter of the
adjudication order dated 14.01.2021. He, therefore, prays that the
operation of the impugned order and notice be stayed till the
petitioners' appeal is taken up for consideration by the Tribunal.
3. Issue notice. Mr. Amit Mahajan, CGSC, accepts notice on
behalf of the respondents and is not in a position to dispute the fact
that the Appellate Tribunal is presently not functional.
4. In these circumstances, the writ petition is partly allowed by
directing the parties to maintain status quo qua the subject matter of
the impugned order till the petitioner's appeal and application
assailing the order dated 14.01.2021 are taken up by the Tribunal.
Consequently, the respondents will stand restrained from taking any
further action in pursuance of the impugned order and notice till then.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.12.2021
Signing Date:24.12.2021 11:00:13 22:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
5. Needless to state, this Court has not expressed any opinion on
the rival contentions of the parties. It is further made clear that this
order will merge with any order which may be passed by the Tribunal
in the petitioner's appeal and application, as and when it becomes
functional.
SANJEEV SACHDEVA, J
DECEMBER 23, 2021/'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.12.2021
Signing Date:24.12.2021 11:00:13 22:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
