CWP-20551-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA Krrish and Brahma Buyer’s Association and another Directorate of CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE H.S. GREWAL Present: SHEEL NAGU, CHIEF JUSTICE 1. provisional attachment order dated 06.08.2024 (Annexure P by a registered association, namely Krrish and Brahma Buyer’s Assoc 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH D Krrish and Brahma Buyer’s Association and another Versus Directorate of Enforcement and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE H.S. GREWAL Mr. Gurminder Singh, Senior Advocate, with Mr. Vaibhav Narang, Advocate, and Mr. J.S. Gill, Advocate, for the petitioners. Mr. Zoheb Hussain, Special counsel (through VC) with Mr. Lokesh Narang, Senior Panel Counsel, for the respondent – ED. Mr. Surjeet Bhadu, Advocate, Mr. Veer Singh, Advocate, Ms. Sanya Thakur, Advocate, and Mr. Bina Gupta, Advocate (though VC) for respondent No.2. Mr. Sanyat Lodha, Advocate, and Mr. Viren Sibal, Advocate, for respondent No.3. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The present petition seeking a writ a certiorari for provisional attachment order dated 06.08.2024 (Annexure P by a registered association, namely Krrish and Brahma Buyer’s Assoc -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20251-2024 Reserved on : 18.02.2025 Date of Pronouncement : 30.06.2025 Krrish and Brahma Buyer’s Association and another …….Petitioner ...….Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE H.S. GREWAL Gurminder Singh, Senior Advocate, with Mr. Vaibhav Narang, Advocate, and Mr. Zoheb Hussain, Special counsel (through VC) with Mr. Lokesh Narang, Senior Panel Counsel, Mr. Surjeet Bhadu, Advocate, Ms. Sanya Thakur, Advocate, and Mr. Bina Gupta, Advocate (though VC) Mr. Sanyat Lodha, Advocate, and ( Oral ) present petition seeking a writ a certiorari for quashment of provisional attachment order dated 06.08.2024 (Annexure P-1) has been filed by a registered association, namely Krrish and Brahma Buyer’s Association. 2024 .2025 ate of Pronouncement : 30.06.2025 …….Petitioners ...….Respondents quashment of 1) has been filed ation. NAROTAM DASS 2025.07.01 16:18 I attest to the accuracy and authenticity of this order/judgment CWP-20551-2024 2. that the rights and int kept in mind while passing the provisional attachment order dated 06.08.2024 and, thus, the same is vitiated in the eyes of law. 2.1 has been passed under Section 5 (1) of the Prevention of Money Laundering Act, 2002 (“PMLA” for brevity). 3. Award rendered by Special Referee (Hon’ble Ms. Justice Gita Mittal, Former Chief Justice, High Court of Jammu & Kashmir) by the order of the Apex Court dated 06.09.2022 vide Annexure P account, thereby prejudicing the rights and interests of the members of petitioner Association, who have invested their har plots/flats constructed by respondents No.2 and 3, against whom PMLA proceedings have been initiated. 4. provisional attachment order pas impugned herein, has attained finality on confirmation by the Adjudicating Authority vide order dated 29.01.2025 4.1 Appellate Tribunal under S caused to members of the petitioner Association, the factum of applicability or otherwise of the Award rendered by learned Special Referee to the issue involved herein and other disputed questions of fact can ver and adjudicated by the Appellate Tribunal. 2024 The principal ground raised in support of aforesaid challenge is that the rights and interests of the members of petitioner Association were not kept in mind while passing the provisional attachment order dated 06.08.2024 and, thus, the same is vitiated in the eyes of law. Pertinently, the provisional attachment order dated 06.08.2024 s been passed under Section 5 (1) of the Prevention of Money Laundering Act, 2002 (“PMLA” for brevity). The petitioner has raised various grounds, including that of the Award rendered by Special Referee (Hon’ble Ms. Justice Gita Mittal, Former stice, High Court of Jammu & Kashmir) by the order of the Apex Court dated 06.09.2022 vide Annexure P account, thereby prejudicing the rights and interests of the members of petitioner Association, who have invested their har plots/flats constructed by respondents No.2 and 3, against whom PMLA proceedings have been initiated. It is not disputed by learned counsel for the rival parties that the provisional attachment order passed under Section 5 (1) of impugned herein, has attained finality on confirmation by the Adjudicating Authority vide order dated 29.01.2025 passed under Section 8 of PMLA. The confirmation order dated 29.01.2025 is appealable before the Appellate Tribunal under Section 26 of PMLA. The grounds of prejudice caused to members of the petitioner Association, the factum of applicability or otherwise of the Award rendered by learned Special Referee to the issue involved herein and other disputed questions of fact can ver and adjudicated by the Appellate Tribunal. -2- ground raised in support of aforesaid challenge is s of the members of petitioner Association were not kept in mind while passing the provisional attachment order dated 06.08.2024 and, thus, the same is vitiated in the eyes of law. Pertinently, the provisional attachment order dated 06.08.2024 s been passed under Section 5 (1) of the Prevention of Money Laundering The petitioner has raised various grounds, including that of the Award rendered by Special Referee (Hon’ble Ms. Justice Gita Mittal, Former stice, High Court of Jammu & Kashmir) by the order of the Apex Court dated 06.09.2022 vide Annexure P-15, having not been taken into account, thereby prejudicing the rights and interests of the members of petitioner Association, who have invested their hard earned money in the plots/flats constructed by respondents No.2 and 3, against whom PMLA It is not disputed by learned counsel for the rival parties that the sed under Section 5 (1) of PMLA, which is impugned herein, has attained finality on confirmation by the Adjudicating passed under Section 8 of PMLA. The confirmation order dated 29.01.2025 is appealable before the ection 26 of PMLA. The grounds of prejudice caused to members of the petitioner Association, the factum of applicability or otherwise of the Award rendered by learned Special Referee to the issue involved herein and other disputed questions of fact can very well be raised ground raised in support of aforesaid challenge is s of the members of petitioner Association were not kept in mind while passing the provisional attachment order dated 06.08.2024 Pertinently, the provisional attachment order dated 06.08.2024 s been passed under Section 5 (1) of the Prevention of Money Laundering The petitioner has raised various grounds, including that of the Award rendered by Special Referee (Hon’ble Ms. Justice Gita Mittal, Former stice, High Court of Jammu & Kashmir) by the order of the Apex 15, having not been taken into account, thereby prejudicing the rights and interests of the members of d earned money in the plots/flats constructed by respondents No.2 and 3, against whom PMLA It is not disputed by learned counsel for the rival parties that the PMLA, which is impugned herein, has attained finality on confirmation by the Adjudicating The confirmation order dated 29.01.2025 is appealable before the ection 26 of PMLA. The grounds of prejudice caused to members of the petitioner Association, the factum of applicability or otherwise of the Award rendered by learned Special Referee to the issue y well be raised NAROTAM DASS 2025.07.01 16:18 I attest to the accuracy and authenticity of this order/judgment CWP-20551-2024 4.2 approached the Appellate Tribunal under Section 26 of PMLA against the order dated 29.01.2025 confirming the provisional attachment, disputes questions of fact involved herein. 4.3 Tribunal is pending adjudication, then this Court extends liberty to members of the petitioner Association to approach the Appellate of PMLA raising all the grounds raised herein, which shall be decided by the Appellate Tribunal as expeditiously as possible, preferably as preliminary issues, before delving upon the legality and validity of the order of confirmation of provisional attachment on merits. 4.4 under Section 26 of PMLA, petitioners are free to avail the same after taking all possible legitimate pleas for crossing the hurdle of limitation. 5. without commenting upon merits of the case. June 30, 2025 narotam Whether Whether reportable 2024 In all probabilities, respondents No.2 and 3 have already approached the Appellate Tribunal under Section 26 of PMLA against the order dated 29.01.2025 confirming the provisional attachment, disputes questions of fact involved herein. If the appeal of respondents No.2 and 3 before the Appellate Tribunal is pending adjudication, then this Court extends liberty to members of the petitioner Association to approach the Appellate of PMLA raising all the grounds raised herein, which shall be decided by the Appellate Tribunal as expeditiously as possible, preferably as preliminary issues, before delving upon the legality and validity of the order of tion of provisional attachment on merits. In case petitioners have not yet availed the remedy of appeal under Section 26 of PMLA, petitioners are free to avail the same after taking all possible legitimate pleas for crossing the hurdle of limitation. With the aforesaid liberty, the present petition without commenting upon merits of the case. , 2025 Whether speaking/reasoned Whether reportable -3- In all probabilities, respondents No.2 and 3 have already approached the Appellate Tribunal under Section 26 of PMLA against the order dated 29.01.2025 confirming the provisional attachment, raising all If the appeal of respondents No.2 and 3 before the Appellate Tribunal is pending adjudication, then this Court extends liberty to members of the petitioner Association to approach the Appellate Tribunal under Section 26 of PMLA raising all the grounds raised herein, which shall be decided by the Appellate Tribunal as expeditiously as possible, preferably as preliminary issues, before delving upon the legality and validity of the order of tion of provisional attachment on merits. In case petitioners have not yet availed the remedy of appeal under Section 26 of PMLA, petitioners are free to avail the same after taking all possible legitimate pleas for crossing the hurdle of limitation. With the aforesaid liberty, the present petition stands disposed of, without commenting upon merits of the case. ( SHEEL NAGU ) CHIEF JUSTICE ( H.S. GREWAL ) JUDGE Yes/No Yes/No In all probabilities, respondents No.2 and 3 have already approached the Appellate Tribunal under Section 26 of PMLA against the raising all If the appeal of respondents No.2 and 3 before the Appellate Tribunal is pending adjudication, then this Court extends liberty to members of Tribunal under Section 26 of PMLA raising all the grounds raised herein, which shall be decided by the Appellate Tribunal as expeditiously as possible, preferably as preliminary issues, before delving upon the legality and validity of the order of In case petitioners have not yet availed the remedy of appeal under Section 26 of PMLA, petitioners are free to avail the same after taking stands disposed of, NAROTAM DASS 2025.07.01 16:18 I attest to the accuracy and authenticity of this order/judgment