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Smt. Soumya Sharma v. Deputy Director Enforcement Diredctorate Raipur

DISPOSED OFF
Court
High Court of Chhattisgarh
Decided
15 October 2026
Bench
Amitendra Kishore Prasadauthor
Case no.
WPC 2974/2021

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Judgment

Order on Board

16.10.2026

¶1Heard.

¶2All these captioned writ petitions share a common background and involve the same issues, therefore, they were clubbed, heard together and is decided by this common order.

¶3For the sake of convenience, Writ Petition (C) No. 2974 of 2021 is treated as the lead case for the purpose of disposing all the writ petitions.

¶4The petitioners in the said petition is seeking for following reliefs:- "10.1 This Hon'ble Court may kindly be pleased to call for the entire records of the Adjudicating Authority pertaining to the case of the Petitioner.

10.2 That, this Hon'ble Court may kindly be pleased to quash Notice dated 14.07.2021 issued under Rule 5 (2) of Prevention of Money Laundering (Taking Possession of Attached or Frozen Properties Confirmed by The Adjudicating Authority) Rules, 2013, the Notice for taking possession under Section 8(4) of the PMLA dated 14.07.2021 and the order dated 23.06.2021 passed by the Adjudicating Authority under section 8 of the PMLA (Annexure P-1 Colly).

10.3 Any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case."

¶5At the very outset, learned counsel for the petitioners submits that an alternative statutory remedy of appeal is available under Section 26 of the Prevention of Money-Laundering Act, 2002. However, at the relevant time, owing to the COVID-19 pandemic, the Appellate Tribunal was not functioning, compelling the petitioners to approach this Court directly. He further submits that, as the Appellate Tribunal is now functional, the petitioners may be permitted to avail themselves of the said alternative remedy. However, considering that an interim order has already been passed in favour of the petitioners, learned counsel prays that the interim protection be continued for a reasonable period to enable the petitioners to approach the Appellate Tribunal and until their application for interim relief is considered and decided by the said Tribunal.

¶6Learned counsel for the respondent/Deputy Director opposes the submissions made by learned counsel for the petitioners and submits that, in view of the availability of an efficacious alternative statutory remedy of appeal under Section 26 of the Prevention of Money-Laundering Act, 2002, the petitioners ought to avail themselves of the said remedy before the competent Appellate Tribunal. Accordingly, the writ petitions are not maintainable and the petitioners are not entitled to continuation of the interim protection granted by this Court.

¶7Having heard learned counsel for the parties and upon perusal of the record, this Court, considering the facts and circumstances of the case, relegates the petitioners to avail themselves of the statutory remedy of appeal under Section 26 of the Prevention of Money-Laundering Act, 2002, before the concerned Appellate Tribunal within a period of 45 days from today. The petitioners are further directed to file an application for interim relief along with the appeal. In the event that the appeal is filed within the aforesaid period, the Appellate Tribunal is requested to consider and decide the application for interim relief within a further period of 15 days. In the meanwhile, the interim order passed by this Court shall continue to operate for a period of 60 days from today, or until the application for interim relief is decided by the Appellate Tribunal, whichever is earlier.

¶8With this observation and direction, the batch of petitions stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju

Case details

Parties and counsel

CGHC010179882021 2026:CGHC:44865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2974 of 2021 1 - Smt. Soumya Sharma W/o Vidit Sharma Aged About 27 Years R/o Hig/c, 109-A, Shailendra Nagar Raipur Chhattisgarh Presently At Flat No. 1304, Arhint Ayati, Pal Road, Jodhpur, Rajasthan --- Petitioner Versus 1 - Deputy Director Enforcement Diredctorate Raipur Zonal Office, A-1, Block, 2nd Floor, Purjari Chamber, Pachpedi Naka, Raipur Chhattisgarh 492001 --- Respondent WPC No. 3447 of 2021 1 - Smt. Suman Sharma W/o Shri. Subhash Sharma Aged About 59 Years R/o Hig C 109-A, Shailendra Nagar, Raipur Chhattisgarh ---Petitioner Versus 1 - Deputy Director Enforcement Directorate Raipur Zonal Office, A-1 Block, 2nd Floor, Pujari Chamber, Pachpedi Naka, Raipur Chhattisgarh 492001 --- Respondent WPC No. 3378 of 2021 1 - M/s Soumya Broadcasting Pvt. Ltd. R/o Village Kandul, District Raipur Chhattisgarh Through Its Authorized Representative Ritik Barik, S/o Shri Bhavagrahi Barik Aged About 28 Years, 209, Sector - 1, Gali No. 2, Shiv Atta Chakki, Bhaiya Talab, Professor Colony, District Raipur Chhattisgarh 492001., District : Raipur, Chhattisgarh RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.10.16 +0530 ---Petitioner Versus 1 - Deputy Director Enforcement Directorate Raipur, Zonal Office, A - 1, Block, 2nd Floor, Pujari Chambers, Pachpedi Naka, Raipur, Chhattisgarh 492001., District : Raipur, Chhattisgarh --- Respondent (Cause title is downloaded from CIS Periphery.) For Petitioners : Mr. Abhishek Gupta and Jatin Khatri, Advocates. For Respondent : Dr. Saurabh Kumar Pande, Advocate. Hon'ble Mr. Justice Amitendra Kishore Prasad

Source: High Court of Chhattisgarh, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.