Dewan Housing Finance Corporation Ltd. vs Assistant Director Directorate Of Enforcement, Mumbai

G. C. Mishra, Acting Chairman

MP-PMLA-8061/MUM/2021 (Exem.)

The present application has been filed by the appellant seeking exemption filing the affidavit in support of the accompanying urgent application as the

authorised representative is based in Mumbai and the appellant undertakes to file the affidavit within one week. The same is considered with a

direction to the appellant to file the same by the next date. The application is disposed of accordingly.

MP-PMLA-8060/MUM/2021 (U.A.) In MP-PMLA-7996/MUM/2020 (Stay)

The present application has been filed by the appellant/applicant seeking to stay the operation of the impugned order dated 14.09.2020 passed by the

Adjudicating Authority in Original Application No. 361/2019.

The learned senior counsel for the appellant submitted that the appellant/applicant is a company incorporated under the provisions under the

Companies Act, 1956, is a Non-Banking Financial Company (NBFC), being a Financial Service Provider (FSP), also regulated by Reserve Bank of

India (RBI) and that the appellant is represented through the Officer of the appellant authorised by the Administrator appointed by RBI which has

been confirmed by the Hon’ble National Company Law Tribunal (NCLT), Mumbai Bench and prayed that the Enforcement Directorate is

directed to return the original documents seized from the appellant’s office on October 19, 2020 as it would result in derailing and defeating the

purpose of the ongoing Corporate Insolvency Resolution Proceedings (CIRP) for the appellant/applicant as per the provisions of the Insolvency and

Bankruptcy Code (IBC), 2016.

Issue notice. Mr. Nitesh Rana, learned counsel for the respondent (ED) accepts notice and sought four weeks time to file the reply to the stay

application, which is not objected by the learned senior counsel for the appellant. Let the reply be filed by the respondent within four weeks with an

advance copy to the other side.

List the applications and appeal on 07th April, 2021.

The date already fixed for 10th March, 2021 is cancelled.