Wadhawan was earlier arrested by the agency in connection with the Yes Bank corruption case and was on bail.
A bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli asked the agencies as to why they want to keep the accused in jail and for what purpose when the charge sheet has been filed.
The attached properties "are in the form of investment made by the Wadhawans through WGC-UK in United Kingdom-based companies" and a provisional order has been issued under the Prevention of Money Laundering Act (PMLA).
The case registered by CBI is against promoters of DHFL Kapil Wadhawan and Dheeraj Wadhawan who are already facing two other cases by CBI in the Yes bank scam and UP power Corporation scam.
The apex court said the question of interim bail should also be decided by the three-judge bench.
Newly appointed Police Commissioner Amitabh Gupta had written a note that mentioned that the vacationing group that included Kapil and Dheeraj Wadhawan was “well-known to me as they are my family friends and are travelling from Khandala to Mahabaleshwar for a family emergency”
ED files Special Leave Petition on August 27. Despite the HC bail, Wadhawans are still behind bars as they are in the custody of the CBI in the same case
Kapil and Dheeraj Wadhawan, promoters of Dewan Housing Finance Ltd (DHFL) and RKW Developers respectively, were arrested in April by the CBI in connection with the scam.
The Enforcement Directorate has attached properties in Mumbai, London and United States worth Rs 1,000 crore belonging to Rana Kapoor and his family
The Wadhawan brothers have been named accused in the CBI FIR pertaining to alleged swindling of money by Kapoor and others, officials said.
They were summoned by ED in third week of March but skipped summons citing the COVID-19 situation.
Dheeraj Wadhawan's name had come up during interrogation of the arrested accused Ranjit Singh Bindra and Humayun Merchant.
Kapil Wadhawan is said to have reportedly submitted some documents related to the deals and left the ED office after about an hour and a half. Sources said he may be summoned again.