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2023 Supreme(Online)(DEL) 8168

HIGH COURT OF DELHI
GOLD CROFT PROPERTIES PVT LTD – Appellant
Versus
DIRECTORATE OF ENFORCEMENT – Respondent


JUDGMENT

1. The Appellant seeks to challenge the Judgment dated 20.02.2023 passed by the learned Single Judge in W.P. (C) 2191/2023 upholding the Order dated 25.01.2023 passed by the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ' PMLA') disposing of an application filed by the Appellant herein wherein the Appellant had prayed for deferment of the proceedings before Adjudicating Authority on the ground that the Bench at that point of time suffered from ―coram non-judice‖ as no Adjudicating Authority had been Signature Not Verified Digitally Signed LPA 167/2023 Page 1 of 12 constituted in terms of Section 2 (a) read with Section 6 (1) and (2) of the PMLA, 2002.

2. The facts as stated by the Appellant in the writ petition are that the State Bank of India lodged a complaint on 25.08.2020 alleging that the accused had committed diversion of funds for the purposes other than the funds were availed from the State Bank of India. An FIR bearing No. RC2232022A0002 dated 07.02.2022 was registered by CBI for the commission of the alleged offence under Section 409, 420 r/w Section 120- B of IPC, 1860 and Section 13(2) r/w 13(1)(d) of the Pr

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