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2026 DAILYLAW 13997 (GAU)

SHRI PAWAN KUMAR AGARWALLA v. THE DEPUTY DIRECTOR AND 4 ORS.

I.A.(Crl.)/895/2026 · 2026-09-09

Helen Dawngliani, Michael Zothankhuma

body2026

Judgment text

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Page No.# 1/3 GAHC010186302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/895/2026 SHRI PAWAN KUMAR AGARWALLA SON OF LATE SURAJMAL AGARWALLA, SOLE PROPRIETOR OF M/S GLOBEL INDIA, RESIDENT OF FLAT NO. 2A, AASHI GRAND, KAHILIPARA MAIN ROAD, DISPUR, GUWAHATI - 781006, IN THE DISTRICT OF KAMRUP METRO, ASSAM VERSUS THE DEPUTY DIRECTOR AND 4 ORS. DIRECTORATE OF ENFORCEMENT, GUWAHATI ZONAL OFFICE, HOUSE NO.20, 2ND FLOOR, RAJGARH ROAD, BYELANE NO.1, CHANDMARI, GUWAHATI- 781003, ASSAM. 2:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA DEPARTMENT OF REVENUE MINISTRY OF FINANCE NORTH BLOCK NEW DELHI 110001. 3:THE DIRECTOR DIRECTORATE OF ENFORCEMENT 6TH FLOOR LOK NAYAK BHAWAN KHAN MARKET NEW DELHI 110003. 4:THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR ASSAM SUPERINTENDENT OF POLICE VIGILANCE AND ANTI-CORRUPTION BUREAU GOVERNMENT OF ASSAM ULUBARI GUWAHATI ASSAM. 781007 Page No.# 2/3 5:STATE BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER SIX MILE BRANC Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED Advocate for the Respondent : PP, ASSAM, SC, ED,DY SGI BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE HELEN DAWNGLIANI ORDER Date : 10.09.2026 (M. Zothankhuma, J) Heard Ms. F. Ahmed, learned counsel for the applicant, who submits that there is a delay of 16 days in filing the appeal against the final order dated 20.04.2026, passed by the Appellate Tribunal under SAFEMA, New Delhi in FPA- PMLA-3908/GWH/2021 with MP-PMLA-8223/GWH/2021, whereby the order dated 17.12.2020 of the Adjudicating Authority (PMLA) in Original Complaint No. 1320/2020 has been set aside and the Provisional Attachment No. 02/2020 dated 25.06.2020 has been confirmed. We have seen that the ground taken for the delay in filing the appeal is due to the applicant having filed a writ petition against the said impugned final order under Article 226 of the Constitution, vide Filing No. WP(Crl.) 7229/2026. However, as the same was under objection, the same was not pursued and was withdrawn. On considering the fact that the writ petition filed by the applicant was within the limitation period of 60 days and keeping in view the fact that the Page No.# 3/3 applicant has now pursued this matter by filing an appeal, we are of the view that sufficient cause for the delay of 16 days has been made out and should be condoned, though Mr. R. Dhar, learned counsel for the ED objects to the delay being condoned. Accordingly, the delay of 16 days is condoned. Registry to register the connected appeal and list the same on 18.09.2026. The IA is accordingly disposed of. JUDGE JUDGE Comparing Assistant