M/S. Real Worth India Pvt. Ltd. vs Joint Director Directorate Of Enforcement, Kolkata

G. C. Mishra, Acting Chairman

MP-PMLA-8247/KOL/2021 (U.H.) In FPA-PMLA-2307/KOL/2018 & MP-PMLA-8248/KOL/2021 (U.H.) In FPA-PMLA-

2311/KOL/2018

In view of the taking of possession notices both dated 11.02.2021 the appellants/applicants have filed these urgent applications on dated 15.02.2021 for

hearing of the present applications, as these matters are already listed for hearing on 09.04.2021. The prayers for urgent hearing is considered and

allowed by listing the cases for today.

These applications have been filed by the appellants/applicants inter-alia with prayer to restrain the respondent (ED) taking possession of the

appellant’s properties in question under Section 8(4) of the PMLA, 2002 and in terms of notices dated 11.02.2021.

Upon hearing, issue notice in the aforesaid applications. Shri N. K. Matta, learned counsel appearing for the respondent (ED) accepts notice.

During the course of hearing, the learned counsel for the appellants submitted that the impugned Provisional Attachment Order passed on 25.01.2017

and the Adjudicating Authority has confirmed the same vide Impugned Order dated 16.06.2017 in O.C. No.687 of 2017 and that the present eviction

notices have been issued after more than three years. At this point of time the learned counsel for the respondent submitted that he has received the

copy of the applications yesterday evening only and has forwarded the same to the Kolkata Zonal Office of the Enforcement Directorate and waiting

for instructions. He has sought two weeks time to make his submissions, after receipt of the instructions from the Investigating Officer, which is not

objected by the learned counsel for the appellants. However, the learned counsel for the appellants has requested that the properties against which

aforesaid eviction notices have been issued may be protected till the next date of hearing.

Heard both sides. The learned counsel for the respondent is seeking adjournment of the matters on the grounds stated above. The eviction notices

dated 11.02.2021 are received by the appellants on 12.02.2021 and the stipulated ten days period is expiring on 21.02.2021. In view of the same, the

appeals are adjourned, as agreed. However, both the parties are directed to maintain interim order of ‘status quo’ till the next date of hearing,

with respect to both the properties listed in the eviction notices bearing no(s). F.No:ECIR/KLZO/01/2013/3640 in appeal no.FPA-PMLA-

2307/KOL/2018 & F.No:ECIR/KLZO/01/2013/3638 in appeal no.FPA-PMLA-2311/KOL/2018.

The aforesaid order of interim ‘status quo’ is subject to the following conditions:-

i. Attachments shall continue.

ii. The appellants are prohibited to create any third party right, transfer, mortgage or otherwise dispose of the properties in question in any manner.

iii. The legal and constructive possession of the properties in question shall remain with the Enforcement Directorate;

iv. Neither party is allowed to alter the nature and character of the properties in question, as on today.

v. No encumbrances shall be created by the appellants in respect of the properties in question.

With the consent of both the parties, list on 22nd March, 2021 for hearing on the aforesaid applications.