APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI

1. MP-PMLA-6340/DLI/2019 Review FPA-PMLA-2215/DLI/2018 Shri R B. Prajapati … Appellant

2. FPA-PMLA-2216/DLI/2018 H. Rameshchandra & Company … Appellant

3. FPA-PMLA-2217/DLI/2018 H. Rameshchandra & Company … Appellant

4. FPA-PMLA-2218/DLI/2018 H. Rameshchandra & Company … Appellant Versus The Deputy Director, Directorate of Enforcement, Delhi … Respondent Advocates/Authorized Representatives who appeared For the Appellants/Non-Applicants : Mrs. Prem Lata Bansal, Sr. Adv., For the Respondent/Review Applicants: Ms. Anubha Bharadwaj, Adv.

CORAM SHRI G.C. MISHRA : MEMBER SHRI BALESH KUMAR : MEMBER

ORDER

10.07.2025 The Applicants filed the present Review Application u/s 35 (2)(f)

of the PMLA, 2002 against the common order dated 1.04.2019 of this Appellate Tribunal wherein the Tribunal allowed these Appeals under Section 26 of The Prevention of Money Laundering Act, 2002, (PMLA, 2002) against the orders dated 08.02.2018 and 22.02.2018 passed by the Ld. Adjudicating Authority (AA) under PMLA.

2. The Applicant/Respondent Enforcement Directorate (ED) has filed written submission on 27.01.2025. In the said written submission, the Ld. Counsel for the ED mentioned that the Hon’ble Supreme Court has directed that all the proceedings arising from the predicate offence qua all the investigating agencies are to be kept in abeyance. The ED in its written submission without giving the details of the matter reproduced the following:

“all proceedings must remain in abeyance till we consider the matter”.

“interim order for all proceedings arising from the predicate offence qua all investigating agency to be kept in abeyance, to continue, as directed vide order dated 18.01.2022 vide subsequent orders, including 26.04.2022 which was clarified vide order dated 27.04.2022.”

3. Keeping in view the order of the Hon’ble Supreme Court mentioned in the written submissions of the ED, the Tribunal held a clarificatory hearing on 22.05. 2025. Clarification was sought by the Bench with regard to the question whether in the backdrop of the series of orders dated 18.01.2022 to 03.12.2024 of the Hon’ble Supreme Court in the matters of Hemant S. Hathi Vs. Central Bureau of Investigation & Ors. in W.P. (Crl.) No. 000037 - / 2020 and W.P. (Crl.) No. 000048/2020, the Tribunal could decide the further course of action on the Review Petition in the present appeals.

4. During the clarificatory hearing, Ld. Sr. Counsel for the non- applicant stated that on perusal of the series of orders passed by the Hon’ble Supreme Court it becomes clear that the Interim Orders are in the nature of protection given to the petitioner therein provided they comply with the directions of the Hon’ble Court to make the necessary deposits. Ld. Sr. Counsel further pleaded that the said Interim Orders state that “all proceedings arising from the predicate offence qua all investigating agency to be kept in abeyance”, she went on to argue that the Tribunal is not an investigating agency. She further stated that the non-applicant is not a party in the proceedings before the Hon’ble Supreme Court and that the present review application is against an order passed by the Tribunal on 01.04.2019. She stated that if in case the review application is rejected then the status of the proceedings would remain the same as what it was on the date of the order which was passed before the stay granted by the Hon’ble Supreme Court. The Ld. Sr. Counsel also submitted that even the Enforcement Directorate is not a party to the proceedings in both the W.P. (Crl.) No. 37/2020 and W.P. (Crl.) No.48/2020. She, therefore, fervently pleaded that the Review Application may be taken up for decision by the Hon’ble Tribunal since in her view, this would not cause infringement of any of the Interim Orders passed in the aforesaid writ petitions from 18.01.2022 till 03.12.2024, by the Hon’ble Supreme Court.

5. The Ld. Counsels for the Review Applicants have cited order dated 18.01.2022 of the H