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TMI Blog2025 (3) TMI 511X X X X Extracts X X X X X X X X Extracts X X X X ..... y, Adv. Mr. Pradum Kumar, Adv. Mr. Kumar Mihir, AOr ORDER UPON hearing the counsel the Court made the following. 1. Our order dated 11th November, 2024 reads thus: "Our order dated 4th November, 2024 reads as under: "1 We have heard Mr. Kapil Sibal, the learned senior counsel appearing for the petitioner/applicant, Mr. Venkatesh, the learned counsel appearing for the Enforcement Directorate and Mr. Dushyant Dave, the learned senior counsel appearing for the interveners. 2 This is a miscellaneous application filed by the petitioner/applicant in a matter which is already disposed of. 3 At the outset, a preliminary objection was raised by Mr. Dushyant Dave, the learned senior counse, as regards the maintainability of the Miscellaneous Application. Mr. Dave may be right in contending that this miscellaneous application is as good as a review application which is otherwise no maintainable in law. However, we take notice of the fact that the petitioner has come forward with a proposal. The proposal is to the effect that she has three properties the description of which can be found in paragraph 4 of the Miscellaneous Application. It reads, thus : "(I) "Naina Towers", H. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se properties or not." 2 Today, when the matter was taken up for further hearing, Mr. Venkatesh, the learned counsel appearing for the Enforcement Directorate has produced the report, as called for by this Court. The report reads thus : "REPORT ON BEHALF OF ENFORCEMENT DIRECTORATE(RESPONDENT NO.4) I, Prashant Kumar presently working as Deputy Director, Directorate of Enforcement, Pravartan Bhawan, Hqrs. Office, APJ Abdul Kalam Road, New Delhi - 110011, do hereby solemnly affirm and state as follows:- 1. That I am authorized by the Respondent no. 4 in the aforesaid affidavit and as such, I am fully conversant with the facts and circumstances of the case (as provided by the Zonal Office) and therefore, competent to swear this Affidavit. I say that I have read and understood the contents so mentioned. 2. That the present Report is being filed on behalf of the Enforcement Directorate in light of the Order dated 04.11.2024 passed in M.A. No. 2227/2024 in Writ Petition (Crl.) No. 31 of 2020, wherein this Hon'ble Court had noted that the Petitioner herein had come forward with the proposal that the below mentioned 3 (three) properties may be auctioned and the money which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Qayum, Heera Retail Hyderabad Pvt. Ltd. Represented by Shaik Nowhera, Heera Retail Hyderabad Pvt. Ltd. Represented by Shaik Nowhera represented by Shaik Ismail, Heera Retail Hyderabad Pvt. Ltd. Represented by Shaik Nowhera represented by Shaik Abdul Rahman, Heera Retail Hyderabad Pvt. Ltd. Represented by Shaik Nowherarepresented by Mubarak Jan Shaik." True copies of the survey from the portal of Registration and Stamps Department, Government of Telangana is being filed herewith marked as Annexure R-1. True copy of the Demarcation Report dated 09.03.2023 is being filed herewith marked as Annexure R-2. 4. It is further submitted that the respondent herein had also conducted Physical Verification of the aforesaid properties which has revealed the following:- "i. "Naina Towers", H.No. 8-2-609, Road No. 11, Banjara Hills, Hyderabad, Telangana - 500034: Physical Verification Report: The Property is in the form of a commercial building consisting of Ground + Five Floors along with one penthouse on the 6th Floor of the building. At present, all the floors of the building are vacant and no office is functioning at the said premises. No encroachments on the said property was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8, 180/1, 181, 182 and 211 from Syed Mohammed S/o. Late Nawab Syed Ahmed & Others on the basis of Decree of declaration and consequent possession vide O.S. No. 896 of 2015 on the file of III Additional Chief Judge, City Civil Court, Hyderabad. The said representation states that a mischievous attempt was made by Nowhera Shaik, Petitioner herein, to claim the subject property by misleading the Hon'ble Supreme Court and that accordingly they approached the Hon'ble Supreme Court by filing I.A. No. 21013 of 2023 in WP (Crl.) No. 31 of 2020 and acknowledging the disputes over the rival claims of various parties, this Hon'ble Court protected their interest by observing that disputes inter se parties with regard to the subject land would be decided by the appropriate forum. Vide the said representation; the said claimants have also acknowledged that their sale deeds with the original owners could not be executed on account of the attachment of the said land by Directorate of Enforcement. 8. It is further submitted that apart from the aforesaid three properties, there are other confirmed attached properties unencumbered and free from encroachment, which can be sold and auctioned in orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (V)' under attachment of the Enforcement Directorate are free from all encumbrances. In such circumstances, we direct the Enforcement Directorate to put both the properties to auction in accordance with law. We are informed that this may take about three months' time before the entire proceedings are completed. We permit the Enforcement Directorate to proceed further with issuance of auction notice in accordance with law after fixing an offset price. The offset price shall be fixed after obtaining report from a Government approved valuer. 8. Having regard to what has been stated in paragraph 8 of the report filed by the Enforcement Directorate, we direct the petitioner to furnish full, correct and complete details of the other properties owned by her free from all encumbrances within a period of two weeks from today. Once the information as regards other properties free from all encumbrances is furnished to the Enforcement Directorate, it shall proceed further at the earliest to put those properties also to auction and try to recover maximum amount so that ultimately whatever amount is fetched can be distributed amongst the investors. 9. In addition to what we have observed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties. If the attachment has already been undertaken and there are no other impediments, then it is for the ED to put the newly attached properties also to auction in accordance with law. However, we direct the ED to furnish the details of all those properties said to have been attached. 9. Mr. Sibal pointed out that the property at Sl.No.89 in the Provisional Attachment Order dated 16-8-2019 is free of all encumbrances and the petitioner has a buyer, more particularly, for 3 Show Room Nos.4,5 and 6 respectively situated on the ground floor. 10. Let the details of the properties, referred to above, be shared with ED. 11. If the petitioner has a buyer, we permit her along with ED to sell these three shops and deposit the sale proceeds with the ED. 12. To report further progress, list on 5-3-2025." 3. Today when the matter was taken up for further hearing Mr. Sibal, the learned counsel appearing for the accused submitted that his client has not been able to arrange for Rs. 25,00,00,000/- (Rs. Twenty Five Crores) to be deposited as directed by this Court. This is the first thing, we take notice of. We propose to give one last opportunity to the accused-lady. At any cost t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the amount of Rs.25,00,00,000/- (Rs. Twenty Five Crore) is not deposited within a period of three months from today, the bail shall stand automatically cancelled without any further orders from this Court and it will be open for the Enforcement Directorate to take back the accused-lady in custody. If the accused goes back to jail then perhaps we need not have to further monitor this particular litigation. We shall close the matter in the event if arrest is effected. It is now for the Enforcement Directorate to go ahead with the auctioning of all the attached properties so as to try to recover the maximum amount possible. 9. We direct the accused not to indulge in any further business transaction, she shall not issue any advertisement of any kind. If it is brought to our notice that any further advertisement has been issued in her name or in the name of any other person or any of her family members or through any of her company that by itself will be sufficient for this Court to close this matter and send her back to jail. 10. It appears that people are being mislead and lured in all such business ventures, which are being advertised by the accused. We may also have to impose a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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