Anil Kumar Ojha v. Deputy Director

ORDER (Order of the Court was made by S.M.Subramaniam J.) The writ on hand has been instituted to direct the 1st respondent to assume control over the attached company properties described in the schedule and initiate appropriate action against the 2nd respondent.

¶2Petitioner was running businesses in the name of M/s.SLO Industries, M/s.SLO Buildcon Private Limited, M/s.SLO Steel Industries Limited, M/s.SLO Steels Limited, M/s.Shri Mahalakshmi Metal and Scrap Processing Private Limited and M/s.Aran Steels Private Limited. All the group of companies were administered by Shri Anil Kumar Ojha/petitioner. Their accounts in Corporation Bank was declared as NPA and Bank fraud was deducted. Thus, Enforcement Directorate recorded the statement under Section 50 of Prevention of Money Laundering Act (PMLA).

¶3Investigation was launched and investigating authority found that the petitioner was neither doing any business nor employed anywhere. During the course of investigation, the properties of the companies and its directors were attached under PMLA. Adjudicating Authority confirmed the attachment under the Act. Investigations are in progress. Complaint under Section 44 is filed. Thus, trial has to be commenced. Discharge petition filed by the accused was also dismissed. Under these circumstances, present writ petition came to be instituted seeking a direction to protect the property.

¶4Learned counsel for the Enforcement Directorate would submit that properties already attached under the provisions of the PMLA cannot be alienated by the 2nd respondent without the order of the Special Court. Thus, apprehension raised by the petitioner is untenable.

¶5This Court is of the considered view that the properties, since been attached under the provisions of PMLA by Enforcement Directorate, if at all, the petitioner, who is the accused in the money laundering case, regarding his apprehension may approach the Special Court for appropriate relief. Contrarily, writ petitions may not lie under Article 226 of the Constitution of India nor in exercise of the powers of judicial review, this Court can issue a direction to protect the property, which were attached by Enforcement Directorate under the provisions of the PMLA. Thus, relief as such sought for in the present writ petition is misconceived and untenable.

¶6Accordingly, the present writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any are closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 12-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.Deputy Director Directorate Of Enforcement,Government Of India,Ministry Of Finance,No.2,Bsnl Building,Kush Kumar Road,Nungambakkam,Chennai 600

2.Revathi S.Ragunathan Liquidator Of Slo Industries Limited, Insolvency Professional Having Registration No.Ibbi/ipa-001/ip-900832/2017-18/1147, Office At Flat No-7, 3rd Floor, B-wing, Parsn Manere, No.442 Anna Salai, Chennai 600 006 WPeNo.e44291eofe2025 S.M.SUBRAMANIAMeJ. AND C.KUMARAPPANeJ. gd WPeNo.e44291eofe2025 e 12-12-2025 6e/e6

2025:MHC:2944 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-12-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1. Anil Kumar Ojha Petitioner(s) Vs 1. Deputy Director Directorate Of Enforcement Government Of India, Ministry Of Finance, No.2,Bsnl Building,Kush Kumar Road, Nungambakkam, Chennai 600 006 2.Revathi S.Ragunathan Liquidator Of SLO Industries Limited, Insolvency Professional Having Registration No.IBBI/IPA-001/IP-900832/2017-18/1147, Office At Flat No-7, 3rd Floor, B-wing, Parsn Manere, No.442 Anna Salai, Chennai 600 006 Respondent(s) PRAYER Directing the respondent to assume control over the attached company Properties described in the schedule below and consequently take appropriate action against the 2nd respondent for attempting to dispose of assets under attachment. For Petitioner(s): Mr.Rahul M Shankar For Respondent(s): Mr. N. Ramesh Special Public Prosecutor for R1 Mr.Pawan Jhabakh And Mr.Ashwin Kumar For R-2.