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2023 Supreme(Del) 2602

PRATHIBA M. SINGH
Gold Croft Properties Pvt. Ltd. – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Vijay Aggarwal, Advocate, for the Petitioner.
Mr. Zoheb Hossain, Counsel, for Directorate of Enforcement, Mr. Ravi Prakash, CGSC with Mr. Vivek Gurnani, Mr. Kavish Garach, Mr. Farman Ali and Mr. Yash Agarwal, Advocates, for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL.8330/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 2191/2023 & CM APPL.8329/2023

3. The present petition challenges the impugned order dated 25th January, 2023 passed by the Appellate Authority (hereinafter 'AA') under the Prevention of Money Laundering Act, 2002 (hereinafter 'PMLA'). By the impugned order, the Appellate Authority has rejected an application filed by the Petitioner seeking transfer of the proceedings to a bench in terms of Section 6(7) of the PMLA.

4. A provisional attachment order dated 21st September, 2022 was passed against the Petitioner by the Directorate of Enforcement (hereinafter 'ED') through which various properties and other assets of the Petitioner were attached. The matter was pending before the Appellate Authority, at which stage, the Petitioner moved an application seeking that the case ought to be transferred to the bench consisting of two Members under Section 6(7) of the PMLA and the same has been rejected by the impugned order dated 25th January, 2023, which is under challenge in this petition.

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