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2023 Supreme(Kar) 231

M. NAGAPRASANNA
Inditrade Fincorp Ltd. , Through Its Authorised Representative/Director Sri Nitin Verma – Appellant
Versus
Union Of India Through Ministry Of Finance – Respondent


Advocates Appeared:
For the Petitioner: Sri Avi Singh, a/w Sri. Vivek S.
For the Respondents: Sri. K.N. Krishna Rao, Sri. Madhukar Deshpande.

ORDER :

1. The petitioner is before this Court calling in question order dated 02-09-2022 passed by the 5th respondent/Assistant Director, Directorate of Enforcement directing freezing of the account of the petitioner invoking Section 17(1-A) of the Prevention of Money Laundering Act, 2002 (‘the Act’ for short).

2. Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:-

The petitioner is M/s Inditrade Fincorp Limited which claims to be a Type-II non-deposit taking Non-Banking Financial Company (NBFC) incorporated in 2007 under the provisions of the Companies Act, 1956 and further claims to have secured and unsecured micro lending business and its primary revenue is the interest income on the loans given and other incidental fees. The petitioner claims that it is a Company wholly governed and regulated by the Reserve Bank of India under the Reserve Bank of India Act, 1934 and the relevant Rules therein. Respondents 2 to 5 who are the officers of the Enforcement Directorate, 5th respondent in particular, directs that the account of the petitioner be placed under debit freeze pursuant to a search conducted on M/s

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