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2022 Supreme(Del) 748

V. KAMESWAR RAO
KUMAR FOOD INDUSTIRES LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Tanveer Ahmed Mir, Mr. Prabhav Ralli, Mr. Vaibhav Suri.
For the Respondents: Ms. Bharathi Raju, Mr. Zoheb Hossain, Mr. Vivek Gurnani, Mr. Kartik Tayur.

JUDGMENT :

V. KAMESWAR RAO, J.

C.M. No. 40579/2021 (by respondent No. 2 for condonation of 8 days delay in filing the counter affidavit)

For the reasons stated in the application, the same is allowed and the delay of 8 days in filing the counter affidavit is condoned. Counter affidavit is taken on record. Application is disposed of.

W.P. (C) No. 12033/2021

1. This present petition has been filed with the following prayers:

    “(a) Quash and set aside the ‘debit freeze’ direction issued by the Respondent No. 2 to the Respondent No. 3 Bank in relation to the Bank Account bearing No. 28321300000046 and 31141600000028 of the Petitioner Company and all consequential proceedings arising therefrom.

(b) And Pass any other orders as this Hon'ble Court may deem fit in the facts and circumstances of the present case.”

2. The instant petition challenges and impugns the direction/order/communication dated August 25, 2021 of the respondent No. 2/Directorate of Enforcement (“ED” hereinafter) against the petitioner company under Section 5 of the Prevention of Money Laundering Act, 2002 (“the PMLA” for short), directing the respondent No. 3 Bank to ‘debit freeze’ the bank accounts of the petitioner company be

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