Bollywood Actor Shilpa Shetty And Husband Raj Kundra Move Bombay High Court Against Notice For Eviction From Residence, Farm House

The petition states that the couple has been co-operating with the ED, which has lodged a case under the Prevention of Money Laundering Act (PMLA).

Live Law report said, Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra, both have moved the Bombay High Court challenging the eviction notices issued to the couple after their residential premises in Mumbai’s plush Juhu area and Farm House near Pawna Lake, were provisionally attached by the Enforcement Directorate (ED) in connection to an alleged crypto assets ponzi scheme case.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan on Wednesday (October 9) issued notice to the ED and has kept the matter for hearing on Thursday (October 10) afternoon.

In their petition filed through advocate Prashant Patil, the Kundra couple has sought orders to protect their right and shelter of their family against the “meaningless, reckless and arbitrary act” on the part of the ED for issuing eviction notices September 27, 2024 directing the couple to vacate their properties – the residential house in Mumbai and the Farm House in Pune, within 10 days.The couple was served with the eviction notice on October 3rd.

The couple has been facing the action since 2018 when the ED lodged a case against one Amit Bharadwaj in an alleged crypto assets ponzi scheme wherein the Kunda couple allegedly with other co-accused duped investors of over Rs 6 crores in the form of Bitcoins.

The petition states that the couple has been co-operating with the ED, which has lodged a case under the Prevention of Money Laundering Act (PMLA). It further states that the couple has attended to all the summons sent to them by the ED between 2018 and 2024.

“In the month of April 2024, to the utter surprise of the petitioners, they received a notice of the order passed by the ED provisionally attaching their assets, including their residential premises which were bought in the year 2009 by the father of the Petitioner No. 1 (Raj Kundra). Post the service of provisional order of attachment, both the petitioners were summoned and they personally attended the office wherein their statements were recorded,” the petition states.

The petition further states that the couple even filed a response to the order of provisional attachment, however, bypassing the laws, the adjudication authority confirmed the order of the provisional attachment on September 18.

“The said confirmation order itself states that the attachment which is being confirmed is only till the conclusion of trial and is subject to its outcome. As per the provisions of PMLA, the confirmation order is subject to a challenge and a said challenge is required to be made within 45 days from the receipt of the said order. However, solely based on the confirmation order, the petitioners are being served with the eviction notices, asking them to vacate their residential premises in which they are living for more than 15 years,” the plea states.

By virtue of the said notice which is arbitrary and is against the provisions of law, the enforcement directorate is essentially curtailing the right of the petitioners to challenge the order of confirmation before the appellate authority, the plea add.

Further, it is pointed out that the said properties have been bought through their ‘legitimate’ source of income and not from the alleged ‘proceeds of crime.’ It is also highlighted that the couple is not a ‘direct or indirect’ beneficiary to the proceeds of crime.

The petition therefore, seeks to quash and set aside the eviction notices.

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