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2022 Supreme(Del) 1786

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Directorate of Enforcement – Appellant
Versus
PC Financial Services Private Limited – Respondent


Advocates appeared:
Mr. Vikramjeet Banerjee, Additional Solicitor General with Mr. Anurag Ahluwalia, CGSC & Mr. Tathagat Sharma, Mr. Ved Prakash & Mr. Siddhartha Sinha, Advocates., for the Appellant; Mr. S. Ganesh & Mr. Arvind Nayar, Senior Advocates with Mr. Ajay Bhargava, Ms. Vanita Bhargava, Mr. Atul Pandey, Mr. Hirak, Mr. Karan Gupta & Mr. Milind Jain, Advocates., for the Respondents

JUDGMENT

Satish Chandra Sharma, J. - The present appeal is arising out of order dated 13.09.2022 passed by the learned Single Judge in W.P.(C.) No.8514/2022 titled PC Financial Services Private Limited Vs. Directorate of Enforcement & Another.

2. The facts of the case reveal that the appellant Directorate of Enforcement is investigating a number of Non-Banking Financial Companies (NBFCs) and Fintech Companies under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA). In exercise of the powers conferred under the PMLA, the appellant seized an amount of Rs.106,93,84,385/- (Rupees One Hundred and Six Crores Ninety Three Lakhs Eighty Four Thousand Three Hundred Eighty Five only) vide seizure order dated 26.08.2021 [later corrected as Rs.87,84,26,805/- (Rupees Eighty Seven Crores Eighty Four Lakhs Twenty Six Thousand Eight Hundred and Five Only)] vide letter dated 12.10.2021 to Commissioner of Customs (Appeals-I), and an amount of approximately Rs.51,22,88,087/- (Rupees Fifty One Crores and Twenty Two Lakhs Eighty Eight Thousand and Eighty Seven Only) under Section 37A(1) of Foreign Exchange Management Act, 1999 (FEMA) vide Seizure Orders dated 26.08.2021, 30.09.2021 and

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