Ketan Mehta vs Deputy Director, Directorate Of Enforcement, Jaipur

G. C. Mishra, Acting Chairman

MP-PMLA-8249/JP/2021 (Modi.) in FPA-PMLA-3899/JP/2021 and MP-PMLA-8250/JP/2021 (Modi.) in FPA-PMLA-3900/JP/2021

The present applications have been filed by the applicants seeking clarifications/modifications of the earlier order dated 10.02.2021 with respect to the

properties mentioned in the respective applications on the grounds stated therein. The details of the property in each application is listed below:-

MP-PMLA-8249/JP/2021 (Modi.) (Property as mentioned in this application)

(i) Flat No. B-305, 3rd Floor, Shiv Gyan Luxora Building on Plot No. G- 2 Rajmahal Scheme, Jamna Lal Bajaj Marg, Jaipur alongwith Servant Room

No. 8, leased out to Ernst & Young LLP for a sum of Rs. 24,000/-per month.

MP-PMLA-8250/JP/2021 (Modi.) (Property as mentioned in this application)

(ii) Plot No. 13, New Sanganer Road, J.P. Colony, Jaipur, which does not figure in the list of properties mentioned in the order dated 10.02.2021

passed by this Tribunal.

During the course of hearing, the learned counsel for the appellant, with respect to property at Sr. No. (i) above, submitted that although the physical

possession of the said property remains with the tenant, the Respondent has taken the keys of the said property and that Respondent has issued

eviction notice dated 29.01.2021 against the said property, which has been annexed in the present appeal. The learned counsel for the appellant has

asked for specific directions allowing the tenants to continue occupation of the property while the legal and constructive possession remains with the

Respondent, grave prejudice may befall with the appellant. No prejudice would be caused to the Respondent.

With respect to the property at Sr. No. (ii) above, the learned counsel for the appellant submitted that, one Shri Vishram Meena has been using the

said property for dairy purposes who supplies milk amounting to approx Rs. 5,000/- every month to Shri Kamal Mehta, appellant instead of paying rent

and without issuing any eviction notice the Respondent have installed board for eviction of the said property and granted Vishram Meena two days

time for vacating the same.

The learned counsel for the Respondent submitted, under instructions, that the appellants have not yet supplied the copy of the appeal paper book and

modifications applications either to the ED or to him. During the course of hearing, the learned counsel for the appellant undertook to supply the copies

of the appeal paper book and modifications applications to the I.O. at Jaipur and to the learned counsel by way of soft and hard copies during the

course of the day.

With the consent of both the parties, list the clarification/modification applications on 23rd February, 2021 for hearing. In the meantime, no coercive

action be taken by the Respondent (ED) with respect to the aforesaid properties till 23rd February, 2021.