$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010014392026 + CRL.REV.P. 42/2026, CRL.M.A. 1850/2026 DIRECTORATE OF ENFORCEMENT .....Petitioner Through: Mr. Vivek Gurnani with Mr. Kanishk Maurya, Advocates. versus M/S ORRIS INFRASTRUCTURE PVT LTD .....Respondent Through: Mr. Madhav Khurana, Sr. Advocate with Ms. Riya Arora & Mr. Amit, Advocates. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 16.09.2026 1. The petitioner seeks to challenge the order dated 06.01.2026 whereby the Court below has noted that the respondent is not an accused and the properties seized vide OA No.3020/2024 and confirmed by the Adjudicating Authority by its order dated 09.05.2025 were the assets seized at the time of search and seizure operation and were no more required in the said matter. Accordingly, the properties were directed to be released. 2. It appears that against the order of not taking cognizance, the Enforcement Directorate [ED] has already approached this Court in Crl. Revision 556/2025 and the same is pending for consideration before this Court. 3. Even otherwise, the respondent - Mr. Vijay Gupta has already filed an This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:15:12 affidavit-cum-undertaking before the ED and has undertaken that in case the ED succeeds in pending revision, all the released properties shall be restored in favour of the ED. 4. The affidavit-cum-undertaking of Vijay Gupta is extracted as under: “AFFIDAVIT-CUM-UNDERTAKING 1. Vijay Gupta, aged about 72 years, son of Lt. Shri. Jagdish Prasad, Director of M/s Orris Infrastructure Pvt. Ltd., having its Corporate office at J-10/9, DLF Phase-2, Gurugram, Haryana-122001 and Vijay Gupta aged about 72 years, son of Lt. Shri. Jagdish Prasad. presently at Gurugram. I, the above-named Deponent, do hereby solemnly affirm and declare as under: 1. That the Deponent is competent to swear this affidavit and is fully conversant with the facts and circumstances of the present matter. 2. That during the course of the search operation conducted by the Directorate of Enforcement, Gurugram Zonal Office (hereinafter the "Directorate"), four cars belonging to the Applicant(s) were seized. Pursuant to the directions of the Hon'ble High Court of Delhi, the said four cars were released in lieu of deposit of a sum of Rs. 1,98,00,000/- (Rupees One Crore Ninety-Eight Lakh only) with the Directorate, which amount was deposited by way of the following Demand Drafts drawn in favour of the Joint Director, Directorate of Enforcement, Gurugram Zonal Office: S. No. Bank DD No. Drawn on Account of 1 Axis Bank 556313 Orris Infrastructure Pvt. Ltd. 2 Axis Bank 556314 Orris Infrastructure Pvt. Ltd. 3 Axis Bank 556315 Orris Infrastructure Pvt. Ltd. 4 HDFC Bank 062819 Mr. Vijay Gupta 3. That vide Order dated 06.01.2026 passed in Misc. Case No. 1711/2025. the Ld. Special Judge was pleased to direct the release and de-freezing of the Applicant's assets, including bank accounts, FDRs, bank guarantees and other movable properties, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:15:12 forthwith. In terms of the said Order, the Applicant(s) requested the Directorate to release the aforesaid amount of Rs. 1.98 Crore deposited in lieu of the seized cars. 4. That the Deponent is aware that the Directorate has challenged the Order dated 06.01.2026 before the Hon'ble High Court of Delhi in Crl. Rev. P. No. 42/2026. which is presently pending adjudication. 5. That vide e-mail dated 10.09.2026, the Directorate has informed that the amount of Rs. 1.98 Crore shall be released subject to the Applicant(s) furnishing an affidavit undertaking to deposit back the said amount in the event the Order dated 06.01.2026 is reversed or set aside by the Hon'ble High Court of Delhi in Cr. Rev P. 42/2026. 6. That accordingly, and in compliance with the aforesaid requirement communicated by the Directorate, the Deponent, for and on behalf of the Applicant, hereby undertakes that in the event the Order dated 06.01.2026 passed by the Ld. Special Judge in Misc. Case No. 1711/2025 is reversed or set aside by the Hon'ble High Court of Delhi in Crl. Rev. P. No. 42/2026, insofar as the same relates to the release of the aforesaid amount of Rs. 1,98,00,000/-, the Applicant shall, subject to and in accordance with the order(s) passed by the Hon'ble High Court, redeposit the aforesaid amount with the Directorate of Enforcement, Gurugram Zonal Office, within the time stipulated by the Hon'ble High Court or, where no specific time is stipulated, within thirty (30) days from the date of such order. 7. The present undertaking is furnished without prejudice to the Applicant's right to avail such remedies as may be available to it in law against any order passed in Crl.Rev.P.No.42/2026. 8. That the Deponent undertakes to abide by and remain bound by the present affidavit- cum-undertaking.” 5. The respondent/deponent - Vijay Gupta shall be bound by the aforesaid affidavit-cum-undertaking. 6. It be noted that the undertaking shall remain subject to outcome of Crl. Revision 556/2025. It be also noted that even the same affidavit was furnished before the Special Judge. 7. In view of the aforesaid, nothing more is required to be adjudicated in the instant writ petition. 8. Accordingly, the writ petition stands disposed of. Pending application also stands disposed of. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:15:12 9. All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 16, 2026 / tr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:15:12