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Tuesday, July 17, 2018

DB Realty approaches HC for vacation of attachment

The Delhi HC has now issued a notice to the ED on the Writ petition filed by the firm.

Written by Agencies | New Delhi | Published: April 5, 2012 5:08:43 pm

Real estate firm DB Realty,embroiled in the 2G spectrum allocation case,has moved the Delhi High Court for vacation of a Rs 223 crore attachment order of the Enforcement Directorate against it under money laundering laws.

The Delhi HC has now issued a notice to the ED on the Writ petition filed by the firm and their associates.

The agency had attached immovable properties and bank accounts of the firm in January this year under the stringent provisions of the Prevention of Money Laundering Act (PMLA) in connection with its probe into the alleged bribe of Rs 200 crores paid to Kalaignar TV.

The ED,according to sources,is now considering legal opinion on the issue.

A Writ Petition has been filed in the Delhi High Court by Dynamix Realty and others praying that orders be issued directing the Enforcement Directorate to accept and issue acknowledgement for FDRs issued in favour of Reserve Bank of India by them for Rs 223 crores against their properties in the 2G case,a spokesperson for DB Realty told PTI.

It also pleaded that the properties which are subject to the attachment order dated January 10,2012 be released,the spokesperson added.

“The firms have asked for this relief on their accounts and properties so that they can operate these assets and carry on their businesses,” a source privy to the development said.

The value of properties attached of these companies are Dynamix Realty (Rs 134 crore),Conwood Construction and Developers (Rs 22 crore),Nihar Constructions (Rs 1.10 crore),DB Realty (Rs 52 crore) and Eversmile Construction Company (Rs 13 crore).

Sources said there has been one precedent in the recent past where the ED has taken off its attachment orders allowing a similar plea in a case related to Kidney scam kingpin Amit Kumar.

The agency had made the CBI charge sheets in this regard as the basis for their order.

“As per the charge sheets of CBI,a bribe of Rs 200 crore was given by Swan Telecom Pvt. Ltd. (now M/s Etisalat DB Telecom Pvt. Ltd.) to Kalaignar TV through a number of intermediary companies in the garb of loan or share application money.

“However,the same was returned to Dynamix Realty (a company of Shahid Usman Balwa and Vinod Goenka),” the ED had earlier said in its order.

“The details of the charge sheets show disclosures made by the intermediary companies in the movement of the bribe money under the garb of loan or share application money do not substantiate genuine and bonafide financial transactions,” the order had said.

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