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2023 Supreme(Del) 4451

PRATHIBA M. SINGH
Rbl Bank Ltd. – Appellant
Versus
Deputy Director Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Rajeev Mehra Senior Advocate with Mr. Ateev Mathur & Mr. Amol Sharma, Advocates, for the Petitioner.
Mr. Zoheb Hossain, Mr. Vivek Gurnani, Mr. Kavish Garach and Mr. Kalp Saraiya, Advocates, for the ED.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

CM APPL. 26931/2023 (for exemption)

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

W.P.(C) 6916/2023 & CM APPL. 26932/2023(for delay)

3. The present petition challenges the impugned attachment order passed by the adjudicating authority under the provisions of the PMLA. Initially, in the Original Complaint No. 1526/2021 a provisional attachment order, PAO No. 05/2021 was passed on 25th August, 2021 which has now been confirmed by the adjudicating authority on 26th May, 2022.

4. The case of the Petitioner-RBL Bank is that a property referred to as No. 2696, Ward No. 16, part of Khasra No. 193/194, Block L, Gali No. 1. Naiwala Estate, Beadonpura, Karol Bagh, New Delhi-110005 (hereinafter `subject property') was mortgaged with the bank which was purchased by Ms. Sunanda Kumar.

5. The grievance of the Petitioner is that in the proceedings before the adjudicating authority under the PMLA the Petitioner was never heard and no notice was issued to the Petitioner either at the stage of investigation or in the proceedings before the adjudicating authority. The only notice given t

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