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2022 Supreme(Del) 1630

MANOJ KUMAR OHRI
Raj Singh Gehlot – Appellant
Versus
Directorate Of Enforcement – Respondent


Advocates appeared:
Dr. A.M. Singhvi, Advocate, Mukul Gupta, Advocate, Sandeep Kapur, Advocate, Vijay Aggarwal, Advocate, Tanveer A. Mir, Advocate, Vir Sandhu, Advocate, Niharika Karanjawala, Advocate, Mridul Yadav, Advocate, Aashneet Singh, Advocate, Mudit Jain, Advocate, Mridul Yadav, Advocate, Aashneet Singh, Advocate, Avishkar Singhvi, Advocate, Sahil Modi, Advocate, Zoheb Hossain, Advocate, Vivek Gurnani, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in Complaint Case No.39/2021 filed under Sections 44/45 of the Prevention of Money Laundering act, 2002 (hereinafter, referred to as the 'PMLa') and arising out of ECIR No. 14/STF/2019 registered under Sections 3/4 PMLa by the respondent/ED.

Factual Background

2. Briefly stated, the facts of the case are that one M/s aman Hospitality Pvt. Ltd. (hereinafter, referred to as 'aHPL'), a group entity of ambience Group which was founded by the applicant, purchased a plot of commercial land at Shahdara in an open auction held by the DDa on 03.03.2006 for the purpose of construction and development of a hotel. Upon technical evaluation, the cost of the hotel project was estimated as Rs.867 crores, in which promoters' contribution was fixed @ Rs.287 crores and Term loan @ Rs.580 crores. Based on this estimate, aHPL approached J&K Bank, ansal Plaza Branch through the applicant, with a proposal dated 12.03.2009 for sanction of loan of Rs.75 crores and BG facility of Rs.15 crores towards financial closure.

Later, the development strategy was changed and i

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