2023 (5) TMI 660

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....e signatures of the Assistant Director, Mr. Hemant. Vide the said communication, directions have been issued that certain properties in TDI City, Kundli-Sonipat cannot be permitted to be sold, transferred or leased out without prior permission of the Respondent No. 1-Enforcement Directorate. 3. The impugned communication is as follows: Sir, 1. This Directorate is conducting investigations against the captioned company and its directors and other under the provision of the Prevention of Money Laundering Act (PMLA), 2002. 2. investigation conducted so far, revealed that the suspected persons had invested the part of proceeds of crime, in acquiring/purchasing of following properties at TDI City, Kundli, Sonipat. ....

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....July 2019, which was purportedly issued by the Respondent No. 1-Enforcement Directorate. He informs the Court that he seeks one more week to revert with instructions." 6. Today, an email has been placed before this Court which has been sent by Mr. Ankur Tiwari, Assistant Director, Enforcement Directorate wherein it is recorded as under :- "1.1. This Directorate vide email dated 26.07.2019 to Ravinder Taneja of TDI group requested to not allow the further sale/transfer/lease of 5 properties of TDI group stating that "It is also requested that further sale/transfer/lease of the aforesaid properties or properties found in the name of the persons mentioned at Annexure A may not be allowed until and unless prior permission is obtaine....

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.... further sale/transfer/leasing of the two properties which are the subject matter of this Writ Petition. The Hon'ble High Court may be apprised of the same on the next date of hearing i.e. 11.05.2023." 7. In terms of the above email, Mr. Ravi Prakash, ld. CGSC submits that the communication dated 28th July, 2019 which is challenged before this Court is being withdrawn by the Enforcement Directorate. 8. This Court notes with some concern that the impugned email/communication has been written to the promoters of the TDI in respect of the properties which are not even subject matter of any investigation, and that too by Assistant Director, Mr. Hemant, who is not authorised under the PMLA to pass such communications. Though the email is n....