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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8529/DLI/2021/(U.H.) in FPA-PMLA-2597/DLI/2018 MP-PMLA-8531/DLI/2021/(U.H.) in FPA-PMLA-2598/DLI/2018
The present applications have been filed by the appellants/applicants seeking urgent directions of dismissal of the application filed by the respondent on
03.02.2021 and also setting aside and stay on the eviction notice dated. 08.03.2021, on the grounds stated therein.
Considering the grounds mentioned in the application, the same are allowed. The applications are accordingly disposed of.
MP-PMLA-8528/DLI/2021 (Direction) in FPA-PMLA-2597/DLI/2018 MP-PMLA-8530/DLI/2021 (Direction) in FPA-PMLA-
2598/DLI/2018
These applications have been filed by the appellants/applicants inter-alia with prayer to pass an ad-interim order to quash/stay of the eviction notices
08.03.2021 issued by the respondent (ED) for eviction of the appellants from the properties in question under Section 8(4) of the PMLA, 2002 and
pass an ad-interim order dismissing application filed by the respondent on 03.02.2021 intimating to this Hon’ble Tribunal for taking possession of
the properties in question and pass an ad-interim order clarifying and continuing the stay/status quo and interim protection as granted vide order dated
23.10.2018 by this Hon’ble Tribunal.
Upon hearing, issue notice in the applications. Mr. Nitesh Rana, ld. Advocate appearing on behalf of the respondent (ED) accepts notice and sought
two weeks time to file replies to the stay applications, which is not objected. Let the same be filed within two weeks with an advance copy to the
other sides.
During the course of hearing, it is submitted by the ld. counsel for the appellants that the eviction notices dated 08.03.2021 issued under section 8(4) of
the PMLA, 20020 received by/served on the appellants on16.03.2021. It is further submitted by the ld. counsel for the appellants that this Tribunal vide
its order dated 23.10.2018 had already passed the order of ‘status quo’ and that the ld. counsel for the respondent is relying on the judgment of
Hon’ble Supreme Court passed in the matter of Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. V/s. CBI reported in AIR 2018 SC, is not
applicable.
It is an admitted fact that this Tribunal has already passed the order of ‘status quo’ and the respondent (ED) has filed an application only
intimating this Tribunal about their intention. The applications filed by the appellants have to be decided on merits and as the respondent(ED) is seeking
time to file the replies to the present applications. Therefore, in the interest of justice, interim order already passed earlier, to continue till next date of
hearing and the parties are directed to maintain ‘status quo’ in respect of the properties in question and the respondent is directed not to take
any coercive action in view of the notices dated 08.03.2021 with respect to the properties concerned.
With the consent of both the parties, list the matter on 29th April, 2021.