ED opposes Nirav’s son’s plea against seizure of properties
MUMBAI:THE Enforcement Directorate (ED) on Monday opposed the petition filed by Rohin Modi, son of fugitive diamond trader Nirav Modi who is a prime accused in the ₹13,500-crore fraud at the Punjab National Bank (PNB), challenging confiscation of properties purportedly belonging to a trust under his own name.
Additional solicitor general Anil Singh, representing ED, supported the June 8, 2020 special court order passed under section 12 of the Fugitive Economic Offenders (FEO) Act, 2018 ordering confiscation of movable and immovable properties worth ₹1,396 crore belonging to Nirav Modi and his firms.
Singh said there was no need to hear Rohin as his parents Nirav and Ami Modi, both trustees of the trust, were represented before the special court and were heard before passing of the order that he has challenged.
Rohin moved HC challenging the special court order primarily on the grounds that no notice was issued either to Rohin Trust or him before ordering confiscation of trust properties.
Rohin’s counsel, advocate Abhimanyu Bhandari, pointed out that section 4 of FEO Act mandates that ED shall submit list of all persons, other than the FEO, interested in or who may have interest in the properties sought to be confiscated. He further added that ED was aware that Rohin Trust owned the paintings and the penthouse, but neither the trust nor Rohin was mentioned in the list of interested persons submitted by ED.
A division bench of justice Sadhana Jadhav and justice NJ Jamadar adjourned the matter for further hearing on Thursday.