Legal Minute India
Delhi High Court

SURENDER KUMAR GUPTA v. DIRECTORATE OF ENFORCEMENT & ORS.

Delhi High Court directs ED to decide petitioner's ECIR representations within four weeks

Petitioner pressed only prayer (b). The court disposed of the petition, directing the Directorate of Enforcement to decide his representations within four weeks and convey the decision to him within one week after that. All contentions were kept open.

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Court
Delhi High Court
Case number
W.P.(CRL) - 2939/2026
Date of judgment
28 October 2026
Petitioner / Appellant
SURENDER KUMAR GUPTA
Respondent
DIRECTORATE OF ENFORCEMENT & ORS.
CNR
DLHC010448722026
Outcome
Disposed
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W.P.(CRL) 2939/2026 Page 1 of 3 pages $~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 28.10.2026 # CNR No. DLHC010448722026 + W.P.(CRL) 2939/2026 SURENDER KUMAR GUPTA .....Petitioner

Through: Mr. Aadil Singh Boparai and Mr.

Nikunj Bindal, Advocates.

versus

DIRECTORATE OF ENFORCEMENT & ORS. .....Respondents

Through: Mr. Rahul Tyagi, ASC for R-1 and R- 3 ( through videoconferencing ) with Mr. Sangeet Sibou, Advocate and SI Ganga Pal, PS EOW.

Mr. Vikrant Malwal, GP with Mr.

Amish Tandon and Ms. Akanksha

Mishra, Advocates for R-2/UOI.

CORAM: JUSTICE GIRISH KATHPALIA

J U D G M E N T (ORAL)

1. For ready reference, the prayer clause of this petition is extracted below:

W.P.(CRL) 2939/2026 Page 2 of 3 pages

“a) Issue a writ of mandamus, or a writ, order or direction in the nature of mandamus, or any other appropriate writ, order or direction, directing Respondent No. 1 to forthwith register an Enforcement Case Information Report (ECIR) under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002, against the accused persons named in FIR No. 0061/2026 dated 17.03.2026 and in the Petitioner's complaint dated 20.07.2026 (Annexure P-2), and to commence investigation into the proceeds of crime arising from the Scheduled Offences disclosed therein;

and/or

b) In the alternative, direct Respondent No. 1 to consider and take a reasoned decision on the Petitioner's Complaint/representations dated 11.07.2026 and 20.07.2026 (and the reminders dated 03.08.2026, 10.08.2026, 18.08.2026, 19.08.2026 and 29.08.2026) within four weeks, or such other period as this Hon’ble Court may deem fit; and pass an appropriate order.

c) Pass any other order(s) as this Hon’ble Court may deem fit in the interest of justice.”

2. At the outset, learned counsel for petitioner submits that in view of legal position existing as on date, he does not press prayer clause (a) and confines his petition only to prayer clause (b).

3. Learned counsel appearing on behalf of respondent/Directorate of Enforcement accepts notice and submits that the respondent no.1/Directorate of Enforcement shall pass a decision on the subject representations within four weeks. That satisfies the petitioner, keeping all contentions open.

4. Accordingly, the petition is disposed of directing the respondent no.1/Directorate of Enforcement to pass an order on the subject

W.P.(CRL) 2939/2026 Page 3 of 3 pages representations in terms with clause (b) of prayer clause of this petition within four weeks and convey the decision to petitioner positively within one week thereafter.

GIRISH KATHPALIA

(JUDGE)

OCTOBER 28, 2026/dr