Directorate Of Enforcement Director vs. Arun Kumar Mishra

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 4634/2014

(Arising out of impugned final judgment and order dated 30-04-2014 in CRLA No. 1132/2012 passed by the High Court of Judicature at Bombay)

VIJAY MADANLAL CHOUDHARY & ORS.

Petitioner(s)

VERSUS

UNION OF INDIA & ORS.

Respondent $(s)$

([FOR DIRECTIONS] ONLY CONNECTED MATTER I.E. WP(CRL.) NO. 301/2021, SLP(C) No. 12468/2021 AND SLP(Crl) No. 4835-4836/2021 ARE LISTED AGAINST THIS ITEM. ])

WITH SLP(Crl) No. 4835-4836/2021 (II-B)

IA No. 77267/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 77266/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 77268/2021 - EXEMPTION FROM FILING O.T.) W.P.(Crl.) No. 301/2021 (X)

FOR EX-PARTE STAY ON IA 83801/2021 FOR EXEMPTION FROM FILING O.T. ON IA 83803/2021 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 91203/2021 FOR EXEMPTION FROM FILING O.T. ON IA 91205/2021 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 111071/2021 FOR EXEMPTION FROM FILING O.T. ON IA 111073/2021 IA No. 83801/2021 - EX-PARTE STAY IA No. 83803/2021 - EXEMPTION FROM FILING O.T. IA No. 111073/2021 - EXEMPTION FROM FILING O.T. IA No. 91205/2021 - EXEMPTION FROM FILING O.T. IA No. 111071/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 91203/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Signa $\mathbb{R}$ ( $\mathbb{C}$ ) No. 12468/2021 (III) Digitally signed by<br>NEETU KHAOURIA<br>Date: 2021 09 22 1903 FINITE OF THE IMPUGNED JUDGMENT IA 97592/2021 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES 112261/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS

IA No. 97592/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT IA No. 97599/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 112261/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 21-09-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Kapil Sibal, Sr. Adv. Mr. Puneet Jan, Avd. Mr. B.M. magukia, Adv. Mr. Chetan Pandya, Adv. Mr. Harsh Jain, Adv. Mr. Harshit Khanduja, Adv. Ms. Yashika Sharma, Adv. Ms. Christi Jain, AOR Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. V.M. Kannan, Adv. Mr. Arjun Bhata, Adv. Ms. Shubhra Kapur, Adv. Mr. Lalit Rajput, Adv. Mr. Shyam Divan, Sr. Adv. Mr. Massom K. Shah, Adv. Mr. Udit Gupta, Adv. Mr. Anup Jain, Adv. Mr. Sudipto Sircar, Adv. For M/S. Udit Kishan And Associates, AOR Mr. Nikhil Jain, AOR For Respondent(s) Mr. Tushar Mehta, SG Mr. S.V. Raju, ASG Mr. Aman Lekhi, ASG Mr. M.K. Maroria, AOR Mr. Zoheb Hussain, Adv. Mr. Kanu Agarwal, Adv. Mr. Rajat Nair, Adv. Ms. Nisha Bagchi, Adv. Ms. Binu Tamta, Adv. Ms. Shradha Deshmukh, Adv. Mr. Arvind Kumar Sharma, AOR Mr. M.K. Maroria, AOR

Mr. S.V.Raju, Sr. ASG Ms. Aastha Mehta, Adv. Mr. A.P. Mayee, AOR Mr. Rahul Chitnis, Adv. Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Mr. M. T. George, AOR Mr. Mukesh Kumar Maroria, AOR M/S. M. V. Kini & Associates, AOR Mr. Balaji Srinivasan, AOR Mr. O. P. Gaggar, AOR

UPON hearing the counsel the Court made the following O R D E R

SLP(Crl) No. 4835-4836/2021

Mr. Sachin Patil, AOR

It is agreed that the issue involved in these matters is completely different than the one raised in the group of cases covered under the Prevention of Money Laundering Act**, 2002. Hence, these matters should proceed independently.**

De-linked.

List these matters on 20.10.2021.

SLP(C) No. 12468/2021

It is agreed that the issue involved in this matter is completely different than the one raised in the group of cases under the Prevention of Money Laundering Act**, 2002. Hence, this matter should proceed independently.**

De-linked.

List this matter on 21.10.2021.

In the meantime, no coercive action be taken against the Resolution Professional in connection with the stated offence considering the immunity accorded to the Resolution Professional under the Act itself.

Needless to mention that this protection will not absolve the Resolution Professional from cooperating with the investigation of the case, if and when required.

W.P.(Crl.) No. 301/2021

This Writ Petition to be heard along with a group of cases challenging validity of provisions of Central Goods and Service Tax Act, 2017 (for short, 'the 2017 Act').

We will confine the consideration only in respect of challenge to the provision of Section 69 of the 2017, Act. For any other relief during the progress of the investigation, the petitioner(s) must approach the concerned Forum by way of appropriate proceedings, if so advised. That be done within one week from today.

We grant one week's time to the petitioner(s) to take recourse to appropriate remedy, if so advised.

4

The documents made over to us by the learned counsel for the respondent(s)-State be kept in a sealed cover in a safe custody of the Registrar (Judicial) until further orders.

List this matter along with SLP(Crl.) No.4634/2014 and connected cases.

In the meantime, learned counsel for the respondents to file reply, if any.

(NEETU KHAJURIA) COURT MASTER

(VIDYA NEGI) COURT MASTER