2021 (7) TMI 1293

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....ondents : M. Unnikrishnan, CGC and M.P. Priyanka ORDER P.S. Dinesh Kumar, J. 1. This writ petition is filed with following prayer: "To allow the application filed under Section 8(7) of the Prevention of Money Laundering Act, 2002 ('the Act' for short) and direct the complainant/ED to release the interest and income accrued and receivable on the attached assets of DMPL wor....

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....r. Therefore, petitioner has filed an application before the designated Court as per Annexure-B with a prayer inter alia to direct the Enforcement Directorate ('ED' for short) to release the interest and income accrued and receivable on the attached assets of the company. The designated Court is not functioning. In view of the urgency, this Court may consider allowing this writ petition. ....

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....Government may provide expenses to be incurred by the Official Liquidator. 6. I have carefully considered rival submissions and perused the records. 7. Undisputed facts of the case are, Devas has been wound up by the NCLT. Rule 85 of the Winding Up Rules reads as follows:  "85. Where the company has no available assets.- (1) Where a company against which a winding up order has ....

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.... attached amount in accordance with law. It is relevant to submit that by virtue of the provisions of the Prevention of Money Laundering Act, it is the Special Court trying the offences of Money Laundering who has to pass orders for release of the same." 9. At this stage, Ms. Priyanka submitted that Delhi High Court in W.P.(C) No. 9521/2020 filed by Devas against the Directorate of Enforcement ....