CWP-23916-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA Major Dr. Gulshan Sharma Enforcement Directorate and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. fact that eviction notice dated 08.08.2025 (Annexure P Director, Directorate of Enforcement (respondent No.3) 11.08.2025 at 5 PM, subject matter of money laundering, within a period of ten days. 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Major Dr. Gulshan Sharma Versus Enforcement Directorate and others HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Sunil Chadha, Senior Advocate (arguing counsel), with Ms. Ritu Punj, Advocate, Mr. Rajesh Punj, Advocate, Mr. Sahaj Punj, Advocate, Mr. Raghav Chadha, Advocate, and Ms. Arashdeep Kaur, Advocate, for the petitioner. Mr. Satya Pal Jain, Addl. Solicitor General of India (arguing counsel), with Mr. Akash Vashisth, Central Govt. Counsel, UOI, for respondent – Enforcement Directorate. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The present petition has been fact that eviction notice dated 08.08.2025 (Annexure P Director, Directorate of Enforcement (respondent No.3) 11.08.2025 at 5 PM, asking the petitioner subject matter of money laundering, within a period of ten days. -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23916-2025 Date of Decision : 26.08.2025 …….Petitioner ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Sunil Chadha, Senior Advocate (arguing counsel), with Chadha, Advocate, and Ms. Arashdeep Kaur, Advocate, Mr. Satya Pal Jain, Addl. Solicitor General of India (arguing counsel), with Mr. Akash Vashisth, Central Govt. Counsel, UOI, Enforcement Directorate. ( Oral ) been filed essentially aggrieved by the fact that eviction notice dated 08.08.2025 (Annexure P-21) issued by Deputy Director, Directorate of Enforcement (respondent No.3) was pasted on the petitioner to vacate the premises, which was subject matter of money laundering, within a period of ten days. 2025 .08.2025 …….Petitioner ...….Respondents filed essentially aggrieved by the issued by Deputy pasted on to vacate the premises, which was NAROTAM DASS 2025.08.27 18:28 I attest to the accuracy and authenticity of this order/judgment CWP-23916-2025 2. appearing on behalf of the petitioner, under Section 26 ‘PMLA’), to approach the Appellate Tribunal by aggrieved person, the said right of filing an appeal within a period of 45 days is being cur impugned eviction notice. 3. appearing on behalf of respondent provisional confirmed by the Adjudicating Authority vide order dated 05.08.2025 (Annexure P Appellate Tribunal under Section 26 of the PMLA. 4. appeal to assail the order passed by the Adjudicating Authority the petitioner this Court directs that if the petitioner files an appeal before the Appellate Tribunal under Section 26 of the PMLA within a period of ten days, then the same shall be considered by the Tribunal on its own merits appeal, no coercive steps shall be taken against the petitioner pursuant to eviction notice dated 08.08 4.1 then this order shall not prejudice deciding the question of interim relief, if further make it clear that the Appellate Tribunal shall interim relief 2025 The contention of Shri Sunil Chadha, learned senior counsel, appearing on behalf of the petitioner, is that since 45 days period is provided under Section 26 of the Prevention of Money Laundering Act, 2002 , to approach the Appellate Tribunal by aggrieved person, the said right of filing an appeal within a period of 45 days is being cur impugned eviction notice. Shri Satya Pal Jain, learned Additional Solicitor General of India, appearing on behalf of respondent – Enforcement Directorate, informs that provisional attachment order dated 11.03.2025 (Annexure P confirmed by the Adjudicating Authority vide order dated 05.08.2025 (Annexure P-20), where-after the petitioner is free to file an appeal before the Appellate Tribunal under Section 26 of the PMLA. Considering the fact that alternative remedy of filing appeal to assail the order passed by the Adjudicating Authority the petitioner, only to protect him till he avails the remedy of statutory appeal, this Court directs that if the petitioner files an appeal before the Appellate bunal under Section 26 of the PMLA within a period of ten days, then the same shall be considered by the Tribunal on its own merits no coercive steps shall be taken against the petitioner pursuant to eviction notice dated 08.08.2025 (Annexure P It is made clear that if the statutory appeal is filed within ten days, then this order shall not prejudice the mind of the Appellate Tribunal deciding the question of interim relief, if rther make it clear that the Appellate Tribunal shall interim relief either way, essentially on merits of the matter -2- The contention of Shri Sunil Chadha, learned senior counsel, is that since 45 days period is provided the Prevention of Money Laundering Act, 2002 (in short, , to approach the Appellate Tribunal by aggrieved person, the said right of filing an appeal within a period of 45 days is being curtailed by the Shri Satya Pal Jain, learned Additional Solicitor General of India, Enforcement Directorate, informs that dated 11.03.2025 (Annexure P-17) was confirmed by the Adjudicating Authority vide order dated 05.08.2025 after the petitioner is free to file an appeal before the Appellate Tribunal under Section 26 of the PMLA. Considering the fact that alternative remedy of filing statutory appeal to assail the order passed by the Adjudicating Authority is available to till he avails the remedy of statutory appeal, this Court directs that if the petitioner files an appeal before the Appellate bunal under Section 26 of the PMLA within a period of ten days, then the same shall be considered by the Tribunal on its own merits, and till the filing no coercive steps shall be taken against the petitioner pursuant to .2025 (Annexure P-21). It is made clear that if the statutory appeal is filed within ten days, mind of the Appellate Tribunal while deciding the question of interim relief, if admissible to the petitioner. We rther make it clear that the Appellate Tribunal shall decide the request for , essentially on merits of the matter, without being The contention of Shri Sunil Chadha, learned senior counsel, is that since 45 days period is provided (in short, , to approach the Appellate Tribunal by aggrieved person, the said tailed by the Shri Satya Pal Jain, learned Additional Solicitor General of India, Enforcement Directorate, informs that 17) was confirmed by the Adjudicating Authority vide order dated 05.08.2025 after the petitioner is free to file an appeal before the statutory is available to till he avails the remedy of statutory appeal, this Court directs that if the petitioner files an appeal before the Appellate bunal under Section 26 of the PMLA within a period of ten days, then the and till the filing no coercive steps shall be taken against the petitioner pursuant to It is made clear that if the statutory appeal is filed within ten days, while to the petitioner. We the request for being NAROTAM DASS 2025.08.27 18:28 I attest to the accuracy and authenticity of this order/judgment CWP-23916-2025 influenced by the fact of having passed 5. August 26, 2025 narotam Whether speaking/reasoned Whether reportable 2025 influenced by the fact of petitioner having approached this having passed the present order. With the aforesaid liberty, the petition stands disposed of , 2025 Whether speaking/reasoned Whether reportable -3- petitioner having approached this Court or this Court With the aforesaid liberty, the petition stands disposed of. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No Court or this Court NAROTAM DASS 2025.08.27 18:28 I attest to the accuracy and authenticity of this order/judgment