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2022 Supreme(Cal) 1246

RAJARSHI BHARADWAJ ), PRAKASH SHRIVASTAVA
Directorate Of Enforcement – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Phiroze Edulji, Advocate, Anamika Pandey, Advocate, Amrita Pandey, Advocate, S.K. Tiwari, Advocate, Sudip Deb, Advocate, Riju Ghosh, Advocate, Sunitava Chakraborty, Advocate, Aranyak Saha, Advocate, Sayanika De, Advocate

JUDGMENT

Prakash Shrivastava, CJ. - This intra-court appeal is at the instance of the Enforcement Directorate challenging the order of the learned Single Judge dated 27th of June, 2022 whereby WPA 9699 of 2022 filed by the respondent nos. 3 and 4 herein (writ petitioners) has been allowed and the provisional attachment order dated 30th of September, 2021 has been set aside with all consequential benefits.

2. The respondent nos. 3 and 4 had filed the writ petition with the plea that respondent no. 3 is one of the directors of M/s. HAP Garments Private Limited and M/S. K.P. Garments Private Limited and the respondent no. 4 is a silent director of M/s. K.P. Garments Private Limited. The appellant no. 1, Directorate of Enforcement, had registered an Enforcement Case Information Report (ECIR) being ECIR No. ECIR/06/KLZO/2021 dated 17th of February, 2019 against the respondent nos. 3 and 4 and their companies on the basis of the First Information Report (FIR) registered by Central Bureau of Investigation (CBI) against them. The provisional attachment order dated 30th of September, 2021 was passed under the provisions of The Prevention of Money-Laundering Act, 2002 (for short, 'PMLA'). The

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