TaxTMI 
TaxTMI 
TaxTMI 
2023 (9) TMI 1479
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....u, Advs. for R-16 Mr. Vijay Aggarwal, Mr. Hardik Sharma, Mr. Mukul Malik, Mr. Pankush Goyal, Mr. Kartik Kaushik, Advs. R-3, 4, 5, 13 & 14 ORDER CRL.M.A. 8235/2021 1. The present application has been moved under Section 482 of Cr. PC on behalf of M/s Eversmile Construction Company Private Limited (respondent No.16), and M/s Conwood Constructions and Developers Private Limited (respondent No.17) with a prayer to vacate the order dated 21.03.2018 vide which an order was passed for maintaining the status quo regarding the release of the attached property by this Court. 2. The order dated 21.03.2018 reads as under: 1. On taking steps, issue notice to the respondents by all the permissible modes, returnable on 25 May....
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.... are at liberty to approach this Court by filing fresh application for release of attached properties, which will then be considered in accordance with law." 4. Sh. Vijay Aggarwal, learned counsel for the petitioner submits that since sufficient time has lapsed, he moved the present application. Sh. Vijay Aggarwal, learned counsel for the petitioner submits that the properties attached of respondent No.16 and of respondent No.17- may be released. The attached properties are as follows: Properties of respondent No.16 Properties of respondent No.17 5. Sh. Vijay Aggarwal, learned counsel for the petitioner submits that though his request that he will furnish the bank guarantee if the properties are released. 6. Sh. Z....
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....s Union (2015) 4 SCC 544. 8. Sh. Zoheb Hossain, learned Special counsel for E.D. has submitted that the delay if any, has been caused only on account of delay on the part of the applicants and merely on account of delay in the hearing on the part of the respondents and the respondents cannot be allowed to take benefit of their own wrong having been committed. 9. I have considered the submissions. 10. It is a matter of the record that the present CRL. L.P. 184/2018 is pending since 2018. The CRL. L.P. has been filed by the E.D. against the impugned order dated 21.12.2017 passed by the learned Special Judge whereby the judgment of acquittal was recorded. This Court is hearing on a day-to-day basis CRL.L.P. 185/2018 and CRL.L.P. 257/2....
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....f equivalent value of proceeds of crime, the Court may allow substitution of such attached property. 13. Thus, I consider that it would be in the interest of justice if the properties mentioned above of Respondent No. 16 and 17 are released on furnishing an FDR in the name of Applicant Company by the Respondent No. 16 and 17. The applicant shall furnish the FDR in the name of the Company of the amount equivalent to the property to be released and deposit the same with the Additional Director, Enforcement Directorate, HIU with an undertaking that on such FDR there shall have a lien of the Additional Director, Enforcement Directorate, HIU and in case of ED Succeeds in appeal, the Additional Director, Enforcement Directorate, HIU shall be a....