Nowherashaik&Ors vs Jointdirector Directorate Of Enforcement, Hyderabad

G. C. Mishra, Acting Chairman

MP-PMLA-8269/HYD/2021 (E.H.)

The appellant has filed the present application forearly/preponment of hearing of the present appeal on the grounds stated therein. Considered the

grounds and the condonation of delay application along with the appeal is preponed.

MP-PMLA-7824/HYD/2020 (COD) In FPA-PMLA-3786/HYD/2020

Along with the appeal the appellant has filed applicationseeking condonation of delay (CoD) of 207 days in filing the appeal on the grounds stated

therein.

Issue notice.Shri N. K. Matta, learned counsel appearing for the respondent (ED) accepts the notice and seeks four weeks time to file reply to the

condonation of delay application, which is not objected.

During the course of hearing, the learned counsel for the appellant submitted that the respondent has issued eviction notice underSection 8(4) of the

PML Act, 2002 read with Rule 5(1) of the Prevention of Money-Laundering (Taking Possession of Attached or Frozen Properties confirmed by the

Adjudicating Authority) Rules, 2013 and asking the appellant to vacate the said premises and hand over the possession of the following property

mentioned in the eviction notice, to the respondent (ED), within the stipulated/statutory 10 days period from the date of receipt of the notice.

It is submitted by the learned counsel for the appellant that the said eviction notice dated 12.02.2021issued under Section 8(4) of the PMLA, 2002

stated to have been served on the appellant on 16.02.2021.

The details of the immovable property mentioned in the eviction notice dated 12.02.2021 is as under:

“Immovable property in the name of Smt. NowheraShaik at D. No.8-2-293/82/L/32 and 8-2-293/82/L/33, Plot No.32-B & 33-B, approved lay out

of Sri Venkateswara Co-operative Housing Building Society, MLA Colony, Road No.12, ExtnBanjara Hills, Hyderabad.â€​

It is further submitted by the learned counsel for the appellant that this is the only property left with the appellant for her residence. She was in jail.

After return from the jail, the appellant is residing in the said residence along with her family members and that she will abide by all conditions imposed

for grant of the order of status quo till the next date of hearing.

On the other hand, the learned counsel for the respondent (ED) submitted that he will file reply to the delay application.

Heard both sides. The appeal would be considered after hearing of CoD application as there is huge delay of 207 days in filing the appeal. The

respondent is granted four weeks time to file reply to the CoD with an advance copy to the other side.

It is not denied by the respondent that aforesaid notice has been issued for eviction. The stipulated 10 days notice given by the respondent to vacate

the aforesaid property is expiring on 25th February, 2021. It is submitted by the learned counsel for the appellant that the appellant with her family

members are residing in the aforesaid premises and she has no other residence left to stay. In the prevalent Covid-19 pandemic situation it would be in

the interest of justice and also on humanitarian ground, it appears to be proper for grant of ad-interim order of status quo,till the next date of hearing.

Therefore, both the parties are directed to maintain status quo with respect to the aforesaid property i.e. the property mentioned in the notice dated

12.02.2021, till the next date of hearing.

The aforesaid order of ad-interim „status quo‟ is granted subject to the following conditions:-

i. Attachment shall continue;

ii. The appellant is prohibited to create any third party right, transfer, mortgage or otherwise dispose of the property in question in any manner;

iii. The appellant shall not alter the nature and character of the property in question;

iv. The legal and constructive/symbolic possession of the property in question shall remain with the Enforcement Directorate;

v. No encumbrance shall be created by the appellant in respect of the property in question.

No coercive action shall be taken by the respondent (ED) in view of the eviction notice dated 12.02.2021 issued under Section 8(4) of the PMLA,

2002 with respect to the aforesaid property in question till the next date of hearing.

The matter is already listed on 13th May, 2021. List the Condonation of delay application for hearing on the same date.