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2021 Supreme(Guj) 970

J.B.PARDIWALA, NIRAL R.MEHTA
VINOD TARACHAND AGRAWAL – Appellant
Versus
DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE – Respondent


Advocates Appeared:
For The Appellant : MR MONAAL J DAVAWALA
For The Respondent: MR DEVANG VYAS

ORDER :

NIRAL R. MEHTA, J.

1. The applicant – original appellant has preferred the present Civil Application for condonation of delay of 408 days caused in preferring First Appeal.

2. By way of said First Appeal under Section 42 of the Prevention of Money Laundering Act, 2002 (for short ‘the PMLA Act’), the applicant has sought to challenge the order dated 3.12.2018 passed by the Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS and PBPT Act at New Delhi in PMLA-5211/AHD/2018 (stay).

3. The brief facts, according to us, which are necessary so as to appreciate the controversy in hand, are as under :

    3.1 The CBI, Gandhinagar registered an FIR No.0292018A0006 dated 26.3.2018 against M/s.Diamond Power Infrastructure Ltd., Vadodara (DPIL) as well as against its Founders, Managing Directors, Joint Managing Directors and also against unknown public servants of various banks and unknown others for commission of offence under Sections 420, 467, 468, 471 read with 120-B of the IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short ‘the Act’).

3.2 In view of the aforesaid, the money laundering investigation under the PMLA Act has been initiated vide ECIR

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