✦ High Court of India · 09 Apr 2025

Vikash Sirohi S/o Shri Bharat Singh Sirohi, Aged About v. Director, Enforcement Directorate, Enforcement Building

Case Details High Court of India · 09 Apr 2025

Court

High Court of India

Decided

09 Apr 2025

Bench

Not available

Length

2,138 words

Acts & Sections

A Company Incorporated Under The Companies Act 1956

Judgment

1. Director, Enforcement Directorate, Enforcement Building, A.p.j. Abdul Kalam Road, New Delhi, 110011.

2. Deputy Director, Enforcement Directorate, Government Of India, Zonal Office, Second Floor, Jiwan Nidhi, Lic Building, Bhawani Singh Road, Jaipur (Raj.) 302005.

3. M/s Adarsh Thoughtworks Pvt. Ltd., Office Address- Flat No. 09, Third Floor, Suzan Avenue, Near Khadayata Colony, Ahemdabad(Gujrat) Having Its Branch Office At Elements Mall, Near Dcm Market, Ajmer Road, Jaipur (Raj.) ----Respondents Connected with S.B. Civil Writ Petition No.3320/2025 Charanjeet Singh Saluja S/o Amar Singh Saluja, Aged About 66 Years, R/o Flot No. B-202, Sky Terraces, Shipra Path, Mansarovar, Jaipur (Rajasthan) ----Petitioner Versus

1. Director, Directorate Of Enforcement, 6Th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110003

2. Deputy Director, Directorate Of Enforcement, Government India, Zonal Office, Second Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur (Raj.) 302005 ----Respondents (2 of 10) [CW-3320/2025] S.B. Civil Writ Petition No. 4486/2025

Mr. Ramesh Roop Rai S/o Mr. Samarth Roop Rai, Aged About 76 Years, R/o Flat No. A-501, Sky Terraces, V.t. Road, Mansarovar, Jaipur (Raj.) ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement (Ed), Department Of Revenue, Ministry Of Finance, North Block, New Delhi.

2. The Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Raj.)

3. The Deputy Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Raj.)

4. M/s Adarsh Thoughtworks Private Limited, Through Mr. Rituraj Singh, 406, 4Th Floor, Elemants Mall, Near Dcm Market, Ajmer Road, Jaipur- 302021 (Raj.)

5. M/s Vipul Premises Llp, Through Mr. Suneet Bagai, House No. C-242, Krishna Marg, Malviya Nagar, Jaipur- 302004 (Raj.)

6. The Additional Inspector General, Stamps And Registration, Government Of Rajasthan, Vitth Bhawan, 4Th Floor, Jyoti Nagar, Lalkothi, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No. 5100/2025 Mrs. Purushottma Kumari W/o Late Shri Shishupal Singh Jhajhria, Aged About 81 Years, R/o A-203, Star Residency, Heera Nagar, Dcm Ajmer Road, Jaipur- 302021, Rajasthan. ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement (Ed), Department Of Revenue, Ministry Of Finance, North Block, New Delhi.

2. The Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan (3 of 10) [CW-3320/2025] Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

3. The Deputy Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

4. M/s Adarsh Thoughtworks Private Limited, Through Mr. Rituraj Singh, 406, 4Th Floor, Elemants Mall, Near Dcm Market, Ajmer Road, Jaipur 302021 (Raj.)

5. M/s Vipul Premises Llp, Through Mr. Suneet Bagai, House No. C-242, Krishna Marg, Malviya Nagar, Jaipur - 302004 (Raj.)

6. The Additional Inspector General, Stamps And Registration, Government Of Rajasthan, Vitth Bhawan, 4Th Floor, Jyoti Nagar, Lalkothi, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No.5105/2025 Mrs. Indra Sharma W/o Shri Anand Sharma, Aged About 68 Years, R/o 101, Royal Ensigh, House No. A-6, Prithviraj Road, C-Scheme, Jaipur-302001, Rajasthan. ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement (Ed), Department Of Revenue, Ministry Of Finance, North Block, New Delhi.

2. The Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

3. The Deputy Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

4. M/s Adarsh Thoughtworks Private Limited, Through Mr. Rituraj Singh, 406, 4Th Floor, Elemants Mall, Near Dcm Market, Ajmer Road, Jaipur 302021 (Raj.)

5. M/s Vipul Premises Llp, Through Mr. Suneet Bagai, House No. C-242, Krishna Marg, Malviya Nagar, Jaipur (4 of 10) [CW-3320/2025] - 302004 (Raj.)

1. Ankit Solanki S/o Shri Arun Solanki, Aged About 40 Years, R/o Flat No. A-504, Sky Terraces, Vt Road, Shipra Path, Mansarowar, Jaipur (Raj.)

2. Anjali Solanki, W/o Ankit Solanki, Aged About 41 Years, R/o Flat No. A-504, Sky Terraces, Vt Road, Shipra Path, Mansarowar, Jaipur (Raj.) ----Petitioners Versus

1. Director, Enforcement Directorate, Enforcement Building, A.p.j. Abdul Kalam Road, New Delhi,

2. Deputy Director, Enforcement Directorate, Government Of India, Zonal Office, Second Floor, Jiwan Nidhi, Lic Building, Bhawani Singh Road, Jaipur (Raj.) 302005.

3. M/s Adarsh Thoughtworks Pvt. Ltd., Office Address - Flat No. 09, Third Floor, Suzan Avenue, Near Khadayata Colony, Ahemdabad (Gujrat) Having Its Branch Office At Elements Mall, Near Dcm Market, Ajmer Road, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No.4980/2025 Mr. Naresh Sangtani S/o Mr. K.c. Sangtani, Aged About 46 Years, R/o Flat No. A-2104, Sky Terraces, Mansarovar, Jaipur-302020, Rajasthan. ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement (Ed), Department Of Revenue, Ministry Of Finance, North Block, New Delhi.

2. The Director, Directorate Of Enforcement (Ed), (5 of 10) [CW-3320/2025] Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Raj).

3. The Deputy Director, Director Of Enforcement (Ed), Government Of Incia, Zonal Office 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Raj).

4. M/s Adarsh Thoughtworks Private Limited, Through Mr. Rituraj Singh, 406, 4Th Flooor, Elemants Mall, Near Dcm Market, Ajmer Road, Jaipur-302021 (Raj).

5. M/s Vipul Premises Llp, Through Mr. Suneet Bagai, House No. C-242, Krishna Marg, Malviya Nagar, Jaipur-302004 (Raj).

6. The Additional Inspector General, Stamps And Registeration, Government Of Rajasthan, Vitth Bhawan, 4Th Foor, Jyoti Nagar, Lalkkothi, Jaipur (Raj). ----Respondents S.B. Civil Writ Petition No. 5044/2025 Mr. Vikramaditya Singh Shekhawat S/o Mr. Prem Singh Shekhawat, Aged About 47 Years, Presently Residing At Sorboveien 161, Sandnes 4320, Norway, Through His Power Of Attorney Holder, Mr. Ranveer Singh Rathore, S/o Lal Singh Rathore, Aged 69 Years, Residing At 73, Gopal Bari, Jaipur (Rajasthan). ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement (Ed), Department Of Revenue, Ministry Of Finance, North Block, New Delhi.

2. The Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi- Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Raj.)

3. The Deputy Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi- Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Raj.)

4. M/s Adarsh Thoughtworks Private Limited, Through (6 of 10) [CW-3320/2025] Mr. Rituraj Singh, 406, 4Th Floor, Elemants Mall, Near Dcm Market, Ajmer Road, Jaipur- 302021 (Raj.)

5. M/s Vipul Premises Llp, Through Mr. Suneet Bagai, House No. C-242, Krishna Marg, Malviya Nagar, Jaipur- 302004 (Raj.)

1. Mr. Sanjay Kumar Jain And Anr. S/o Mr. Ajai Chand Jain, Aged About 58 Years, R/o 34/1/n, Ballygunge Circular Road, 2Nd Floor, Kolkata - 700019, West Bengal.

2. Mr. Rajiv Kumar Jain And Anr. S/o Mr. Ajai Chand Jain, Aged About 57 Years, R/o 34/1/n, Ballygunge Circular Road, 2Nd Floor, Kolkata - 700019, West Bengal. ----Petitioners Versus

1. Union Of India, Through Director, Directorate Of Enforcement (Ed), Department Of Revenue, Ministry Of Finance, North Block, New Delhi.

2. The Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

3. The Deputy Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

4. M/s Adarsh Thoughtworks Private Limited, Through Mr. Rituraj Singh, 406, 4Th Floor, Elemants Mall, Near Dcm Market, Ajmer Road, Jaipur 302021 (Raj.)

5. M/s Vipul Premises Llp, Through Mr. Suneet Bagai, House No. C-242, Krishna Marg, Malviya Nagar, Jaipur - 302004 (Raj.)

6. The Additional Inspector General, Stamps And Registration, Government Of Rajasthan, Vitth (7 of 10) [CW-3320/2025] Bhawan, 4Th Floor, Jyoti Nagar, Lalkothi, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No. 5109/2025 M/s Begani Jewellers, A Company Incorporated Under The Companies Act, 1956 Having Its Registered Office At 63-A, Burtolla Street, 2Nd Floor, Kolkata- 700007, West Bengal, Through Its Director Mr. Prashant Begani S/o Mr. Moti Lal Begani. ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement (Ed), Department Of Revenue, Ministry Of Finance, North Block, New Delhi.

2. The Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

3. The Deputy Director, Directorate Of Enforcement (Ed), Government Of India, Zonal Office, 2Nd Floor Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road, Jaipur - 302005 (Raj.)

4. M/s Adarsh Thoughtworks Private Limited, Through Mr. Rituraj Singh, 406, 4Th Floor, Elemants Mall, Near Dcm Market, Ajmer Road, Jaipur 302021 (Raj.)

5. M/s Vipul Premises Llp, Through Mr. Suneet Bagai, House No. C-242, Krishna Marg, Malviya Nagar, Jaipur - 302004 (Raj.)

6. The Additional Inspector General, Stamps And Registration, Government Of Rajasthan, Vitth Bhawan, 4Th Floor, Jyoti Nagar, Lalkothi, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No. 5406/2025 Ayush Kumar Jain S/o Shri Sunil Jain, Aged About 36 Years, R/o 123, Chitranjan Avenue, Kolkata Municipal Corporation, Jorasanko Kolkata (West Bengal) 700073. ----Petitioner (8 of 10) [CW-3320/2025] Versus

1. Director, Enforcement Directorate, Enforcement Building, A.P.J. Abdul Kalam Road, New Delhi,

2. Deputy Director, Enforcement Directorate, Government Of India, Zonal Office, Second Floor, Jiwan Nidhi, Lic Building, Bhawani Singh Road, Jaipur (Raj.) 302005.

3. M/s Adarsh Thoughtworks Pvt. Ltd., Office Address- Flat No. 09, Third Floor, Suzan Avenue, Near Khadayata Colony, Ahemdabad(Gujrat) Having Its Branch Office At Elements Mall, Near Dcm Market, Ajmer Road, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Virendra Lodha, Sr. Adv. with For Respondent(s) Mr. Jai Lodha Mr. Udit Sharma : Mr. Akshay Bharadwaj, Mr. C.S. Sinha and Mr. Rajat Sharma for Mr. R.D. Rastogi, ASG (Sr. Adv.) HON'BLE MR. JUSTICE ANOOP KUMAR DHAND 09/04/2025 Order

1. Defect(s) pointed out by the Office in S.B. Civil Writ Petition No.5406/2025, stands waived.

2. By way of filing these petitions, a challenge has been led to the impugned order dated 09.10.2024 passed by the Appellate Tribunal under SAFEMA at New Delhi.

3. The counsel for the parties have withdrawn their prayer to the extent of challenge to the aforesaid order passed by the Appellate Tribunal. They have confined their prayer seeking directions for disposal of their representations regarding (9 of 10) [CW-3320/2025] crystallization of their rights in regard to their respective dwelling units in a time bound manner.

4. After arguing for some time, learned counsels for the petitioners jointly submit that a liberty be granted to the petitioners to approach the authorities concerned for crystallization of their rights, as they are in possession of the property in question on the basis of agreement to sell. Counsels submits that in identical petitions bearing S.B. Civil Writ Petition Nos.5241/2025 and 3998/2025, the co- petitioners submitted representations for the same relief and those petitions have been disposed of by issuing directions to the authorities concerned to decide their representations in accordance with law. Counsel submits that in the instant case also, the same liberty be granted to the petitioners.

5. Considering the above factual aspect of the matter and without entering into the merits of the case, this Court deems it just and proper to dispose of all these writ petitions granting liberty to the petitioners to file representation(s) for crystallization of their rights.

6. In case, such representation(s) is submitted by the petitioners within a period from one week from today, it is expected form the authority concerned to decide the same expeditiously as early as possible, preferably within a period of five weeks thereafter.

7. For a period of further six weeks, the interim protection awarded to the petitioners with respect to their possession on the property in question, as per the order passed by the Appellate Tribunal, shall continue. (10 of 10) [CW-3320/2025]

8. The stay applications and all pending applications, if any, also stand disposed of.

9. Before parting with this order, it is made clear that this Court has not issued any order/direction to the respondent/Appellate Court to decide the representation of the petitioner in a particular way. The same would be decided by them strictly in accordance with law. (ANOOP KUMAR DHAND),J KuD/208,209,210,211,212,214,215,216,217,218&219

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