JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by M/s Omkar Realtors and Developers Private Limited seeking setting aside/quashing of the Provisional Attachment Order No. PAO/MBZO-II/1/2022 (hereinafter 'PAO') dated 14th January, 2022 passed by the Directorate of Enforcement (ED) under Section 5(1) of the Prevention of Money Laundering Act, 2002 (hereinafter 'PMLA'). The present petition also seeks the release of the attached property under the impugned PAO.

3. The present case was first listed on 2nd August, 2022 when Mr. Anurag Ahluwalia, Ld. Counsel for the Respondents made a preliminary objection with regards to the maintainability of the petition on the ground of lack of territorial jurisdiction. The said preliminary objection was rejected, placing reliance on order dated 2nd June, 2022 passed in W.P. (C) 6354/2022 titled 'M/S Incred Financial Services Ltd. vs. Deputy Director, Directorate of Enforcement'. In addition, on the said date, status quo was directed. The relevant extract of the order directing status quo is extracted as under:

6. Till the next date of listing, the respondent shall stand restrained from taking further steps as contemplated under Section 8 of Prevention of Money Laundering Act, 2002. The petitioner shall also stand restrained from disposing of or creating any third party rights or encumbering the property which forms subject matter of the provisional order of attachment.

4. Thereafter, on 19th January, 2023, ld. Counsel for the Petitioner informed the Court that the closure report in the case has been filed in the predicate offence and accepted by the Special Court under PMLA, Greater Bombay. Even discharge orders have been issued in the ED case as well. In response to this submission, the ld. Counsel for the Respondents requested for time to seek instructions from the Directorate of Enforcement.

5. Today, all the ld. Counsels for the parties have made their submissions.

6. The case of the Petitioner is that the impugned PAO would no longer be valid and would have to be set aside as orders, considering the position that orders have now been passed by the Special Court under the PMLA, Greater Bombay whereby the proceedings against the Petitioner, its directors, and shareholders in the scheduled offense as also the offense under the PMLA have been closed. Ld. Counsels for the Petitioners have relied on the orders dated 24th August, 2022 passed by the Special Court under the PMLA, Greater Mumbai by which two of the directors/shareholders of the Petitioner Company, namely, Sh. Babulal Mulchand Varma and Sh. Kamalkishor Gokalchand Gupta have been discharged.

7. It is further submitted that pursuant to this order of discharge, the Special Court under the PMLA vide its order dated 18th October, 2022 has also discharged the Petitioner-Company- M/s Omkar Realtors and Developers Private Limited. The submission on behalf of the Petitioner relying upon the judgments in Vijay Madanlal Choudhary & Ors. v. UOI & Ors., 2022 SCC OnLine SC 929 and the recent judgment of this Court in order dated 10th January, 2023 in EMTA Coal Limited and Ors. v. The Deputy Director of Directorate of Enforcement, 2023/DHC/000277 is that the present impugned PAOs can no longer continue and the same deserve to be quashed. Ld. Senior Counsel for the Petitioner also places reliance on the order of the Supreme Court in W.P.(C) 368/2021 titled Indrani Patnaik & Anr. v. Enforcement Directorate and Ors.

8. Mr. Anurag Ahluwalia, ld. CGSC on the other hand submits that the matter may be adjourned and not be disposed of at this stage as the Enforcement Directorate has challenged the order dated 18th October, 2022 by which the company has been discharged by the Special Court under the PMLA. He submits that the same is pending in revision before the Bombay High Court.

9. The Court has considered the submissions of the parties. A perusal of the impugned PAO