✦ High Court of India · 28 May 2025

Opposite Iis School, Shipra Path, Mansarovar, Jaipur v. Union Of India, Through Director, Directorate Of

Case Details High Court of India · 28 May 2025

Court

High Court of India

Decided

28 May 2025

Bench

Not available

Length

2,711 words

Acts & Sections

A Company Duly Incorporated Under The Provisions Of The Companies Act 1956 A Company Incorporated Under The Companies Act 1956 Prevention of Money Laundering Act 2002

Judgment

1. Union Of India, Through Director, Directorate Of Enforcement, Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur-302005 (Rajasthan)

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

1. Vedprakash Dhanetwal, S/o Shri Harish Chandra Dhanetwal, Aged About 56 Years, Resident Of Flat No. B- 501, 5Th Floor, Sky Terraces, Opposite Iis School, Shipra Path, Mansarovar, Jaipur-302020 Rajasthan. [2025:RJ-JP:22489] (2 of 13) [WMAP-116/2025]

2. Asha Dhanetwal W/o Vedprakash Dhanetwal, Aged About 53 Years, Resident Of Flat No. B-501, 5Th Floor, Sky Terraces, Opposite Iis School, Shipra Path, Mansarovar, Jaipur-302020 Rajasthan ----Petitioners Versus

1. Union Of India, Through Director, Directorate Of Enforcement, Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur-302005 Rajasthan.

2. Deputy Director, Directorate Of Enforcement, Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 Rajasthan.

Govind Narain Sharma, S/o Shri Rodumal Sharma, Aged About 77 Years, Resident Of Flat No. B-1905, 18Th Floor, Sky Terraces, Opposite Iis School, Shipra Path, Mansarovar, Jaipur- 302020 (Rajasthan) ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement, Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur-302005 (Rajasthan)

2. Deputy Director, Directorate Of Enforcement, Government Of India, Zonal Office, 2Nd Floor, Jeevan [2025:RJ-JP:22489] (3 of 13) [WMAP-116/2025] Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Rajasthan)

3. M/s Adarsh Thoughtworks Private Limited, A Company Duly Incorporated Under The Provisions Of The Companies Act, 1956 And Having Its Registered Office At Flat No. 09, 3Rd Floor, Sujan Avenue, Near Khadayata Colony, Ellisbridge, Ahmedabad (Gujarat) Through Its Directors. ----Respondents S.B. Writ Miscellaneous Application No. 126/2025 In S.B. Civil Writ Petition No.5430/2025 Sonal Shekhawat, W/o Shri Megh Singh Tomar, Aged About 46 Years, Resident Of Flat No. B-1203/1204, 12Th Floor, Sky Terraces, Opposite Iis School, Shipra Path, Mansarovar, Jaipur- 302020 (Rajasthan). ----Petitioner Versus

1. Union Of India, Through Director, Directorate Of Enforcement, Government Of India, Zonal Office, 2Nd Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur-302005 (Rajasthan).

2. Deputy Director, Directorate Of Enforcement, Government Of India, Zonal Office, 2Nd Floor,jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur- 302005 (Rajasthan).

3. M/s Adarsh Thoughtworks Private Limited, A Company Duly Incorporated Under The Provisions Of The Companies Act, 1956 And Having Its Registered Office At Flat No. 09, 3Rd Floor, Sujan Avenue, Near Khadayata Colony, Ellisbridge, Ahmedabad (Gujarat) Through Its Directors. ----Respondents S.B. Writ Miscellaneous Application No. 118/2025 In [2025:RJ-JP:22489] (4 of 13) [WMAP-116/2025] 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. Writ Miscellaneous Application No. 119/2025 In 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 [2025:RJ-JP:22489] (5 of 13) [WMAP-116/2025]

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. Writ Miscellaneous Application No. 121/2025 In 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. ----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.) [2025:RJ-JP:22489] (6 of 13) [WMAP-116/2025]

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. Writ Miscellaneous Application No. 122/2025 In S.B. Civil Writ Petition No.5019/2025 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. [2025:RJ-JP:22489] (7 of 13) [WMAP-116/2025] 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 - [2025:RJ-JP:22489] (8 of 13) [WMAP-116/2025] 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. Writ Miscellaneous Application No. 124/2025 In 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), 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 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 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. Writ Miscellaneous Application No. 125/2025 [2025:RJ-JP:22489] (9 of 13) [WMAP-116/2025] In 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 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 For Petitioner(s) : Mr. Virendra Lodha-Sr. Advocate with Mr. Jai Lodha Mr. Sunil Nath Mr. Akash Shrivastave Ms. Shruti Jain For Respondent(s) : Mr. Akshay Bhardwaj with Mr. Rajat Sharma Mr. Sagar Jindal for Mr. Padam Singh [2025:RJ-JP:22489] (10 of 13) [WMAP-116/2025] Gurjar-Addl.G.C. JUSTICE ANOOP KUMAR DHAND Order 28/05/2025

1. The defects pointed out by the office in S.B. Civil Writ Petition Nos. 118/2025, 119/2025, 121/2025, 122/2025, 123/2025, 124/2025 and 125/2025 stand waived.

2. Since common question of facts are involved in these misc. applications, hence, with the consent of counsel for the parties, arguments have been heard together in all these misc. applications and are being decided by this common order.

3. Counsel for the applicants/petitioners submits that the petitioners have approached this Court by way of filing different writ petitions and the same were decided by this Court vide orders dated 09.04.2025 and 23.04.2025, granting liberty to the petitioners to file a representation before the authorities concerned regarding crystallization of their rights with regard to their respective dwelling units in a time bound manner. Counsel submits that in pursuance of the aforesaid orders passed by this Court, the petitioners submitted representations before the respondent-authorities but without crystallizing their rights in respect of dwelling unit, the representations have been rejected, not on merits but on a technical count that the respondents have no authority under the Prevention of Money Laundering Act, 2002 (for short, ‘the PML Act’) to pass an order of release/restoration of subject attached property or to declare the rights of the parties. Counsel submits that instead of crystallizing their rights, the [2025:RJ-JP:22489] (11 of 13) [WMAP-116/2025] representations have been rejected stating that the Civil Courts are the competent authority and has jurisdiction for declaration of their rights. Counsel submits that the petitioners never made a prayer for crystallization of their right, their prayer was simply for issuing directions to the Registrar to grant No Objection Certificate (NOC) for crystallization of rights for registration of sale deed in their favour. Counsel submits that under these circumstances, the orders dated 09.04.2025 and 23.04.2025 are required to be modified as the Civil Courts have no jurisdiction for crystallizing the rights of the parties in terms of Sections 41 and 67 of the PMLA. Counsel submits that under these circumstances, the aforesaid orders are liable to be modified.

4. Counsel for the respondents opposed the arguments raised by counsel for the petitioners and submitted that during the arguments upon the objections submitted by the petitioners, they withdrew their challenge to the orders passed by the Appellate Tribunal and they confined their prayer only with respect to the issuance of direction to the authorities for disposal of their representations regarding crystallization of their rights with regard to their respective dwelling unit in a time bound manner. Counsel submits that pursuant to the orders dated 09.04.2025 and

23.04.2025, the Deputy Director, Directorate of Enforcement, Government of India, Jaipur vide order dated 13.05.2025 has rejected all the representations submitted by the petitioners. Counsel submits that if at all the petitioners are aggrieved by the aforesaid order passed by the Deputy Director, they may approach the appropriate forum of law, hence under these circumstances, these misc. applications submitted by the petitioner for [2025:RJ-JP:22489] (12 of 13) [WMAP-116/2025] modifications of the orders dated 09.04.2025 and 23.04.2025 are not maintainable and are liable to be rejected.

5. Heard and considered the submissions made at Bar and perused the material available on record.

6. Perusal of the record indicates that in the earlier round of litigation submitted by the petitioners, all these petitions were disposed of looking to the limited prayer made by the petitioners themselves wherein they confined their prayer for issuing direction for disposal of representations regarding crystallization of their right with regard to their respective dwelling units and accordingly, all these petitions were disposed of by this Court by issuing direction to the authorities concerned to decide the representations of the petitioners expeditiously, preferably within a period of six weeks. 7 It appears that after passing of the aforesaid order, the petitioners have approached the authorities concerned by way of filing different representations and their representations have been rejected vide order dated 13.05.2025. This was not the case of the petitioners at the time of passing of the order by this Court, that a direction be issued to the authorities concerned for issuing NOC in their favour, to the Registrar for execution of sale deed. Now the petitioners are expanding the scope of their arguments by way of filing these misc. applications seeking modification in the orders dated 09.04.2025 and 23.04.2025. If at all the petitioners are aggrieved by the impugned order dated

13.05.2025, they are at liberty to approach before the appropriate forum of law by availing statutory remedies available under law. [2025:RJ-JP:22489] (13 of 13) [WMAP-116/2025]

8. This Court finds no merit and substance in this misc. applications and the same are liable to be rejected. Ashu/270-272, 299-305 (ANOOP KUMAR DHAND),J

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