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TMI Blog2021 (7) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... In the circumstance, it would be appropriate to direct first respondent to release the interest and income accrued on the attached sum of Devas. Petition allowed. - Writ Petition No. 12118 of 2021 - - - Dated:- 26-7-2021 - P.S. Dinesh Kumar, J. For the Appellant : Dhyan Chinnappa, SA for Anuradha Agnihotri For the Respondents : M. Unnikrishnan, CGC and M.P. Priyanka ORDER P.S. Dinesh Kumar, J. 1. This writ petition is filed with following prayer: To allow the application filed under Section 8(7) of the Prevention of Money Laundering Act, 2002 ('the Act' for short) and direct the complainant/ED to release the interest and income accrued and receivable on the attached assets of DMPL worth ₹ 79, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al cannot be conducted, the Special Court on an application moved by the ED, pass appropriate orders regarding confiscation or release of the property as the case may be. According to her, in this case, the trial has not begun. Therefore, it cannot be inferred that trial cannot be conducted. Hence, petitioner's application is not maintainable. 5. She further submitted that under Rule 85 of the Companies (Winding up) Rules, 2020 ('the Winding up Rules' for short), the Central Government may provide expenses to be incurred by the Official Liquidator. 6. I have carefully considered rival submissions and perused the records. 7. Undisputed facts of the case are, Devas has been wound up by the NCLT. Rule 85 of the Winding Up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt is, Devas had filed an application for release of seized amount and the same was rejected. The said order was challenged before the Delhi High Court. The Delhi High Court has stayed the proceedings before the adjudicating authority. Therefore, the said case has no bearing insofar as present writ petition is concerned. He is right in this submission. 11. In the circumstance, it would be appropriate to direct first respondent to release the interest and income accrued on the attached sum of Devas. 12. Hence, the following: ORDER i) Writ petition is allowed; ii) The application under Section 8(7) of PML Act filed before the Principal City Civil and Sessions Judge, Bengaluru and Special Court under the Prevention of Mon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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