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2023 Supreme(Del) 3969

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Advantage India – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Shashwat Sarin, Advocate, for the Petitioner.
Mr. Joheb Hossain, Special Counsel for ED, Mr. Vivek Gurnani & Mr. Baibhav, Advocates, for the Respondent-1.
Ms. Anubha Bhardwaj, SPP, CBI & Mr. Sachin Singh, Advocate, for the CBI.

ORDER

1. Vide the present petition; the petitioner is seeking following reliefs:

    "(i) Issue an appropriate writ or direction thereby declaring Section 44(1)(c) of the Prevention of Money Laundering Act, 2002 as ultra-vires and unconstitutional and strike it down consequently;

    (ii) Call for the record of the case bearing No. CBI 14/2020 titled-"CBI vs Deepak Talwar & Ors.", now pending before the court of Ms. Anuradha Shukla Bharadwaj, Ld. ASJ, Rouse Avenue Courts as C. C. 17/2021;

    (iii) Quash and set aside the impugned order dated 18.02.2021 passed by the court of Ms. Ambika Singh, Ld. CMM, Rouse Avenue Courts, Delhi, in case bearing No. C.B.I. 14/2020 titled-"CBI vs Deepak Talwar & Ors."

    (iv) Direct the court of Ms. Anuradha Shukla Bharadwaj. Ld. ASJ, Rouse Avenue Courts, Delhi to transfer/commit the matter bearing CC No. 17/2021 arising out of RC-36-DAI-2017, back to the court of Ms. Ambika Singh, Ld. CMM, Rouse Avenue Courts, Delhi for trial."

2. Learned counsel appearing on behalf of the respondents has produced two judgments of the Supreme Court, whereby the prayers of the present petition have been answered.

3. In case of Rana Ayyub vs. Directorate of Enforcement through its A

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