Karnani Resources LLP Vs Directorate of Enforcement & Ors. (Calcutta High Court)
The Calcutta High Court heard a writ petition seeking directions restraining respondent nos. 1 to 4 from obstructing, hindering, or preventing respondent no. 5 from vacating the demised premises and delivering vacant and peaceful possession to the petitioner. Counsel for respondent no. 5 submitted that, owing to unavoidable reasons and police deployment, respondent no. 5 had been unable to vacate the premises earlier but was ready and willing to hand over peaceful possession so that the petitioner could lease or otherwise utilise the premises.
The learned ASGI placed on record an email dated July 2, 2026 stating that the Enforcement Directorate had conducted proceedings under Section 17 of the Prevention of Money Laundering Act, 2002 at the office premises of Indian PAC Consulting Pvt. Ltd. on January 8, 2026, which resulted in nil seizure due to certain external interference. The Enforcement Directorate stated that it had no objection to the premises being vacated and the furniture and fixtures being removed, subject to compliance with the Supreme Court’s order dated January 15, 2026 in Writ Petition (Criminal) No. 16 of 2026. Respondent no. 3 also filed a report stating that it had no objection to the premises being vacated and the furniture or fixtures removed, subject to compliance with the same Supreme Court order.
The High Court noted that the Supreme Court had directed preservation of the CCTV cameras and other storage devices containing footage of both premises searched on January 8, 2026. Counsel for respondent no. 3 submitted that the CCTV cameras and storage devices had been preserved in compliance with the Supreme Court’s order. After considering the submissions, reports, materials on record, and the Supreme Court’s order, the High Court held that respondent no. 5 was at liberty to hand over peaceful and vacant possession of the premises to the petitioner within one week. Upon taking possession, the petitioner was granted liberty to utilise the premises in accordance with law. The writ petition, WPA 16042 of 2026, was disposed of.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. The petitioner has filed the present writ application praying for a direction upon the respondent nos. 1 to 4 to desist and forbear from in any manner obstructing, hindering or preventing the vacation of the demised premises and the delivery of vacant and peaceful possession of the premises in question by the respondent no. 5 to the petitioner.
2. Learned counsel appearing for the respondent no. 5 submits that due to unforcing reasons and the deployment of the police, the respondent no. 5 was not in a position to vacate the premises and to hand over the same to the petitioner though the respondent no. 5 is ready and willing to hand over the vacant peaceful possession of the premises to the petitioner for taking appropriate steps by the petitioner for leasing out the premises to any other persons or to utilize the said premises by the petitioner themselves.
3. Learned ASGI has submitted an email dated July 2, 2026 wherein it was informed that the Enforcement Directorate has conducted such proceeding under Section 17 of the PMLA, 2002 at the office premises of Indian PAC Consulting Pvt. Ltd. on January 8, 2026 which resulted in NIL seizure owing to certain external interference. He submits that Enforcement Directorate has no objection if the premise is vacated by Indian PAC Consulting Pvt. Ltd. and furniture or fixtures removed, subject to compliance of the order dated January 15, 2026 passed by the Hon’ble Supreme Court in writ petition (Criminal) 16 of 2026.
4. The respondent no. 3 has filed a report wherein it is mentioned that the respondent no. 3 has no objection if the premise is vacated by the Indian PAC Consulting Pvt. Ltd. and furniture or fixtures removed, subject to compliance of the order dated January 15, 2026 of the Hon’ble Supreme Court in WP (C) 16 of 2026.
5. Considered the submission made by the learned ASGI and the learned counsel appearing for the respondent no. 3, report submitted by both the authorities and the order passed by the Hon’ble Supreme Court. The Hon’ble Supreme Court by an order dated January 15, 2026 directed the respondents to preserve the CCTV cameras and other storage devices containing the footage of both premises searched on January 8, 2026. It is submitted by the learned counsel for the respondent no. 3 that incompliance of the order passed by the Hon’ble Supreme Court the respondent no. 3 has preserved the CCTV cameras and other storage devices containing the footage of both the premises, searched on January 8, 2026.
6. Considered the submission made by the learned counsel for the respective parties. Perused the materials on record and the order passed by the Hon’ble Supreme Court.
7. The respondent no. 5 is at liberty to hand over the peaceful and vacant possession of the premises to the petitioner within a week from date and after taking possession of the premises by the petitioner, the petitioner is at liberty to utilize the same in accordance with law.
8. WPA 16042 of 2026 is disposed of.
9. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
