Delhi High Court
Vijay Agrawal vs Directorate Of Enforcement on 19 January, 2023
Neutral Citation Number is 2023/DHC/000429
$~50 to 52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3149/2022, CRL.M.A. 13294/2022, CRL.M.A. 1349/2023
VIJAY AGRAWAL ..... Petitioner
Through: Mr. Siddharth Agarwal, Sr. Adv. with
Mr. Arjun Dewan and Mr. Pranav
Sethi, Advs.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Zoheb Hossain, counsel for ED
with Mr. Vivek Gurnani, Ms. Sejal
Aneja, Advs and Mr. Rajendra Singh,
IO
51
+ CRL.M.C. 3161/2022 & Crl. M.A.13319/2022 & 1185/2023.
BIMAL KUMAR JAIN ..... Petitioner
Through: Mr. Naveen Malhotra and Mr. Ritvik
Malhotra, Advs.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Zoheb Hossain, counsel for ED
with Mr. Vivek Gurnani, Ms. Sejal
Aneja, Advs and Mr. Rajendra Singh,
IO
52
+ CRL.M.C. 3183/2022 & Crl. M.A.13409/2022 & 1194/2023
NARESH JAIN ..... Petitioner
CRL.M.C. 3149/2022 & connected matters Page 1 of 4
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.01.2023
19:17:26
Neutral Citation Number is 2023/DHC/000429
Through: Mr. Naveen Malhotra and Mr. Ritvik
Malhotra, Advs.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Zoheb Hossain, counsel for ED
with Mr. Vivek Gurnani, Ms. Sejal
Aneja, Advs and Mr. Rajendra Singh,
IO
% Date of Decision: 19th January, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. Sh. Siddharth Agarwal, learned Senior counsel for the petitioner in
item No.50 i.e. CRL.M.C. 3149/2022 and Mr. Naveen Malhotra,
learned counsel for the petitioner in item No. 51 and 52 i.e. CRL.M.C.
3161/2022 and CRL.M.C. 3183/2022 state that without going into the
merits of the case, it is stated at Bar, that the learned Trial Court
passed the order dated 05.07.2022 without giving them an opportunity
of being heard.
2. Sh. Siddharth Agarwal, learned Senior counsel and Mr. Naveen
Malhotra, learned counsel for the petitioner state that they are ready to
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.01.2023
19:17:26
Neutral Citation Number is 2023/DHC/000429
file an affidavit to this regard.
3. Sh. Arjun Deewan, learned counsel submits that in fact, no arguments
were advanced on the merits of the case and the arguments were being
heard only on the question as to whether the unrelied documents are
to be supplied or not and on remaining questions there was no
conclusive arguments. Learned counsel submits that they would be
satisfied if the matter is remanded back to the learned Trial Court for
affording them an opportunity of being heard on all the questions that
have been framed by the learned Trial Court as recorded in para 13 of
the impugned order.
4. Sh. Siddharth Agarwal, learned Senior counsel for the petitioner
submits that rather he would be advancing his arguments only on
question No. 2, 4 and merits of the case.
5. Mr.Zoheb Hossain, learned counsel for the E.D. has opposed the
petitions. Learned counsel for the E.D. submits that the petitioners
were given ample opportunity to argue on all questions and learned
Trial Court has passed the order on the basis of the submissions made
by the parties.
6. Without going into the merits of the case, since Mr. Siddharth
Agarwal, learned Senior counsel for the petitioner and Mr. Naveen
Malhotra, learned counsel for the petitioner have made a statement at
Bar that in fact they were not given sufficient opportunity of being
heard, the matter be remanded back to the learned Trial Court. The
impugned order dated 05.07.2022 is set aside.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.01.2023
19:17:26
Neutral Citation Number is 2023/DHC/000429
7. Learned Trial Court is directed to afford the petitioners and the
department a fresh opportunity of being heard on the question of
supply of unrelied documents as well as on the question of framing
charge on merits. However, the petitioners shall not be allowed to
take any adjournments on this. Learned Trial Court shall fix two dates
for arguments on charge and earnestly, make an endeavor to proceed
with the matter as expeditiously as possible. However, nothing
expressed herein shall tantamount to be any expression on merits of
the case as this Court has not gone into the same.
8. It be also noted that this order will not prejudice any other
proceedings and shall also not be taken as a precedent.
9. In view of the above, the present petitions stand disposed of.
10.Order dasti.
DINESH KUMAR SHARMA, J
JANUARY 19, 2023
Pallavi..
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.01.2023
19:17:26
