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2023 Supreme(Del) 2667

PRATHIBA M. SINGH
Prime Ispat Limited – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Abhimanyu Bhandari, Ms Vidula Mehrotra, Ms. Kartika Sharm, Mr. Chirag Madan, Mr. Somesh Tiwari & Ms. Utsav Saxena Advocates, for the Petitioner.
Mr. Asheesh Jain, CGSC with Gaurav Kumar, Advocate, for the R-1.
Mr. Anupam Sharma, SC with Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Abhishek Batra & Mr. Ripudaman Sharma, Advocates, for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

Background

2. The Petitioners challenge the provisional attachment order (PAO) dated 27th November, 2020, bearing PAO No.03 of 2020, passed by the Deputy Director, Directorate of Enforcement, Raipur under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA Act). The impugned PAO has been issued by the Directorate of Enforcement (ED) in Enforcement Case Information Report (ECIR) bearing No. ECIR/01/NGR/2011 dated 10th January, 2011. The petitioners also challenge the show cause notice dated 7th January, 2021 issued by the Adjudicating Authority (hereinafter 'AA') in the Original Complaint bearing O.C No. No. 1380 of 2020. The Petitioners in these cases are:

(i) M/s. Prime Ispat Limited

(ii) Sh. Pawan Kumar Agrawal

(iii) Sh. Ashok Kumar Agrawal

(iv) M/s. Shree Ram Vihar

3. One of the present writ petitions, i.e., W.P.(C) 10166/2021 titled 'Prime Ispat Limited & Ors. v. Union of India and Ors.' was considered on 14th September, 2021, on which date, the following order was passed:

    "CM APPL. 31355/2021 & CM APPL. 31356/2021

    1. Exemption allowed, subject to all just exceptions.

    2. The notarized

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