Directorate of Enforcement & Anr. Vs Vikas WSP Ltd & Ors. (Delhi High Court)
Delhi High Court held that in absence of any express exclusion under the Prevention of Money Laundering Act, 2002 [PMLA], the suo motu orders passed by Hon’ble Supreme Court Covid’s extending limitation period will duly apply.
Facts-
The Letters Patent Appeal has been filed by the Directorate of Enforcement under Clause 10 of the Letters Patent, assailing the Judgment dated 18.11.2020 passed by the learned Single Judge. By the said judgment, the learned Single Judge allowed W.P.(C) No. 3551/2020 filed by the Respondents herein and, consequently, set aside the Notice/ Summons dated 26.05.2020 issued by the Adjudicating Authority in Original Complaint No. 1228/2019 dated 05.12.2019. The Single Judge has held that, the said Notice/ Summons was beyond the period of 180 days, as prescribed u/s. 5(3) of the Prevention of Money Laundering Act, 2002, from the date of the PAO dated 13.11.2019 and thereby, had expired without any order being passed by the learned Adjudicating Authority u/s. 8(3) of the PMLA.
The Writ Petition challenges, inter alia, PAO No. 6/2021 dated 01.12.2021 passed by the ED. During the pendency of the writ petition, the Petitioners therein filed an application, being CRL.M.A. 13185/2022, seeking quashing of the aforesaid PAO. The grounds urged in support of the application were, in essence, similar to those which had constituted the foundation of the Impugned Judgment dated 18.11.2020, against which LPA 362/2020 has been filed by the ED.
