NAVIN CHAWLA
Mahender Kumar Khandelwal – Appellant
Versus
Directorate of Enforcement – Respondent
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
Mahender Kumar Khandelwal v. Directorate of Enforcement
S.K. Sinha v. Videocon International Ltd. & Ors.
Sunil Bharti Mittal v. Central Bureau of Investigation (2015) 4 SCC 609
Nahar Singh v. State of Uttar Pradesh & Anr.(2022) 5 SCC 295
Pradeep S. Wodeyar v. State of Karnataka
P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24
Radha Krishnan Industries v. State of Himachal Pradesh & Ors.
State of Rajasthan v. Basant Nahata
K.T. Plantation Pvt. Ltd. v. State of Karnataka
T. Vijayalakshmi v. Town Planning Member
Delhi Airtech Services (P) Ltd. v. State of U.P.
Shrirampur Municipal Council v. Satyabhamabai Bhimaji Dawkher
S.K. Sinha v. Videocon International Ltd. & Ors.
Sunil Bharti Mittal v. Central Bureau of Investigation
Nahar Singh v. State of Uttar Pradesh & Anr.
Pradeep S. Wodeyar v. State of Karnataka
P. Chidambaram v. Directorate of Enforcement
Ram Mittal v. Ishwar Singh Punia
Bharat Damodar Kale v. State of A.P.
Radha Krishnan Industries v. State of Himachal Pradesh & Ors.
State of Rajasthan v. Basant Nahata
K.T. Plantation Pvt. Ltd. v. State of Karnataka
T. Vijayalakshmi v. Town Planning Member
Delhi Airtech Services (P) Ltd. v. State of U.P.
Shrirampur Municipal Council v. Satyabhamabai Bhimaji Dawkher
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.