P.H. Jayani 20 APEAL879.2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 879 OF 2023 WITH INTERIM APPLICATION NO. 2842 OF 2023 IN CRIMINAL APPEAL NO. 879 OF 2023 Bermaco Energy Systems Limited through Viren Vinod Ahuja …. Appellant V/s. Directorate of Enforcement and anr. …. Respondents WITH CRIMINAL APPEAL NO. 920 OF 2023 WITH INTERIM APPLICATION NO. 2984 OF 2023 IN CRIMINAL APPEAL NO. 920 OF 2023 Viren Vinod Ahuja …. Appellant V/s. Directorate of Enforcement and anr. …. Respondents Mr. Aabad Ponda, Sr. Counsel with Ms. Gunjan Mangla, Mr. Varun Satiya, Ms. Vanshika Shroff and Adv. Ishani Saxena i/b. Jadeja and Satiya for the Appellants. Ms. Manisha Jagtap for Respondent No.1 – ED. Ms. Supriya Kak, APP for the Respondent No.2 – State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ. DATED : 19th NOVEMBER, 2025 P.C. :- 1) On 09/08/2023, this Court while considering the Criminal Appeal along with the Interim Applications, recorded the statement made by the learned Counsel representing the Respondent – Enforcement Directorate, 1/3 P.H. Jayani 20 APEAL879.2023.doc on instructions, that they will not act upon the eviction notice till the next date. 2) On 24/07/2024, it was urged before us by the learned Senior Counsel Mr. Ponda that while the Appeal was pending before the Appellate Authority, PMLA the stay could not have been refused by directing the premises to be vacated. Upon this submission being advanced, the learned Counsel appearing for the Directorate of Enforcement, categorically expressed that he had no difficulty if the Appeals are directed to be decided within a stipulated timeline by continuing the interim Order granted by the Court. However, since the conundrum arose as to whether the Appeals would lie on the Civil jurisdiction or of the Criminal jurisdiction, the Appeals were heard, ultimately resolving the issue on 02/12/2024 by declaring that it would lie on the criminal side. 3) When the Appeals are listed before us today and we are informed by the learned Senior Counsel Mr. Ponda that they are listed before the Appellate Authority on Monday i.e., 24/11/2025, he submit that let the present Appeals be disposed of with a direction to decide the Appeals pending before the Appellate Authority, PMLA within a time bound manner by continuing the interim order which is otherwise also continued since 09/08/2023. 2/3 P.H. Jayani 20 APEAL879.2023.doc 4) The learned Counsel Ms. Manisha Jagtap representing the Enforcement Directorate make a statement that the suggestion coming from the learned Counsel being fair, she see no difficulty in the Court directing the Appellate Authority decide the Appeals pending before it within a stipulated time. She also make a statement that till the time the Appeals are decided, the statement which is recorded in the Order dated 09/08/2023 and continued till date, can be extended. 5) In the wake of the above, we direct the Appellate Tribunal under SAFEMA at New Delhi to decide the Appeal No.FPA-PMLA-5869/ AHD/2023 in Original Complaint No.1824/2022 [Viren Vinod Ahuja v/s. Directorate of Enforcement] and the Appeal No.FPA-PMLA-5870/AHD/ 2023 in Original Complaint No.1824/2022 [Bermaco Energy Systems Limited v/s. Directorate of Enforcement] within a period of eight weeks from 24/11/2025, since we are informed that the Appeals are slated for hearing before the Tribunal on the said date. The statement on behalf of the Enforcement Directorate that the eviction notice shall not be acted upon, is extended till the Appeals are finally decided and for a further period of two weeks thereafter. 6) The Criminal Appeals are disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) 3/3 PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2025.11.21 13:43:43 +0530