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2024 Supreme(Del) 201

NAVIN CHAWLA
Mahender Kumar Khandelwal – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr.D.P. Singh, Mr.Archit Singh & Ms.Shreya Dutt, Advocates, for the Petitioner.
Mr.Zoheb Hossain, Mr.Vivek Gurnani, Mr.Kavish Garach & Mr.Vivek Gaurav, Advocates, for the ED.

JUDGMENT

1. This petition has been filed by the petitioner praying for the following reliefs:

    "i. Issue a writ of mandamus or any other appropriate writ/direction/order declaring that the order dated 10.02.2021 passed by the Ld. Adjudicating Authority allowing Original Application bearing O.A. No. 404/2020 filed u/s 17(4) of PMLA, 2002 has ceased to have effect from date 11/02/2022 due to non-filing of prosecution complainant within 365 days as contemplated u/s 8(3)(a) of PMLA.

    ii. Issue a writ of mandamus or any other appropriate writ/direction/order to the Respondent/ED to release/return all the documents, records, digital devices, and gold & diamond jewelry as mentioned in the Panchanama/seizure memo dated 19/08/2020 and 20/08/2020."

Factual matrix

2. It is the case of the petitioner that, vide order dated 26.07.2017, passed by the learned National Company Law Tribunal, Principal Bench, New Delhi (in short, `NCLT') in CA No.(IB)-202(PB)/2017, the petitioner was appointed as the Interim Resolution Professional (in short, `IRP') for the Corporate Insolvency Resolution Process of M/s Bhushan Power and Steel Ltd. (hereinafter referred to as `BPSL').

3. On 01.09.2017, the Committee of Cred

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