# In the matter of Talib Hassan Darvesh v. The Directorate of Enforcement > HC judgment dated 2024-03-13. Citation: TCN-2024-HC-00116. The petitioner, Mr. Talib Hassan Darvesh, filed a writ petition seeking a copy of the… - **Court:** HC - **Order date:** 13 Mar 2024 - **Citation:** TCN-2024-HC-00116 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/talib-hassan-darvesh-v-the-directorate-of-enforcement-48cbd61d ## Summary ### Background The petitioner, Mr. Talib Hassan Darvesh, filed a writ petition seeking a copy of the ECIR/AMZO/12/2021 and related records from the Directorate of Enforcement (ED). The petitioner is aggrieved by the ED investigation based on an FIR registered by CBI Mumbai against M/s Technovaa Plastic Industries Private Limited and others, where the petitioner is named as an accused. The petitioner argues that the EY Audit, which formed the basis of the proceedings, has been declared unreliable by the NCLT Ahmedabad. The petitioner also contends that the summons issued by the ED are vague and that the ED's actions constitute a fishing expedition. The ED opposes the interim relief, arguing that the petitioner cannot be insulated from coercive action and that the proceedings are an … ## Facts M/s Technovaa Plastic Industries Private Limited was sanctioned a term loan of Rs.85.62 crores by Bank of Baroda, which was disbursed and utilized before 2015-04-01. The account was declared NPA by Bank of Baroda on 2018-03-30. Ernst & Young conducted a forensic audit of the company from 2015-04-01 to 2018-03-31. NCLT Ahmedabad admitted a CIRP application against the company. Bank of Baroda appointed Ernst & Young LLP to conduct another forensic audit. A written complaint dated 2020-12-02 was filed by Bank of Baroda based on the EY audit, alleging that the company and others, including the petitioner, committed bank fraud of Rs.57.29 crores. CBI registered RC0772020E0002 on 2020-12-02 based on the complaint. The petitioner, named as accused No.3, sought … ## Issues and analysis ### Issue 1: Whether the summons issued by ED can be quashed merely because the relevant documents required for … **Ratio:** The summons issued by ED cannot be quashed merely because the relevant documents required … **Reasoning:** Under the scheme of PMLA, 2002 upon identification of existence of property being … **Interpretation:** This legal principle clarifies that the ED is not obligated to disclose all … **Application:** In this case, the petitioner argued that the summons issued by the ED were … ## Parties - **Judges:** ANOOP KUMAR… - **Appellants:** MR TALIB HASSAN… - **Respondents:** M/s. Technovaa…; THE DIRECTORATE… - **Other parties:** Kohi… - **Advocates:** Siddharth…; Siddharth A…; +10 more ## Timeline - **2015-04-01 — Loan Disbursement and…**: M/s Technovaa Plastic Industries Private Limited utilized a term loan of Rs.85.62 crores… - **2018-03-30 — Account Decla…**: Bank of Baroda declared the account of M/s Technovaa Plastic Industries Private Limited… --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/talib-hassan-darvesh-v-the-directorate-of-enforcement-48cbd61d