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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8125/NGP/2021 (U.A.)
In view of the taking of possession notice dated 12.03.2020 the appellant/applicant has filed this urgent application on dated 28.01.2021 for hearing of
the miscellaneous application bearing no. MP-PMLA-8124/NGP/2021 in present appeal. The prayer for urgent hearing is considered and allowed by
fixing the case for today. The urgent application is disposed of accordingly.
MP-PMLA-8124/NGP/2021 (Misc.)
This application has been filed by the appellant/applicant inter-alia with prayer to set aside the notice dated 12.03.2020 by the respondent taking
possession of the appellant’s property in question under Section 8(4) of the PMLA, 2002 and in terms of order dated 13.09.2017 in O.C.
No.761/2017.
During the course of hearing it is submitted by the learned counsel for the appellant that the appellant has received information that the respondent has
put a board on 12.03.2020, the photocopy of which has been filed in the Court and that he will file a better affidavit in this regard.
Upon hearing, issue notice. Mr. N.K. Matta, learned counsel for the respondent (ED) accepts notice. The learned counsel for the respondent
submitted that he has received the soft copy of the applications yesterday evening only and he needs to take instructions from the respondent (ED)
and sought three weeks time to file reply to the applications, which is not objected.
Heard both sides. The appellant is allowed to file a better affidavit within two weeks, copy of which be served on the other side, who shall, after
receipt of the copy of the better affidavit, file reply to the present application as well as reply to the better affidavit within three weeks thereafter.
It is seen from the record that the interim order dated 30.08.2018 has already been made absolute and stay application has also been disposed of vide
order dated 18.02.2019. It is further seen from the record that the condonation of delay petition is yet to be disposed of.
The respondent is directed not to take any coercive steps in view of the notice/notice board under Section 8(4) of the PMLA, 2002 placed on or near
the property in question till further orders.
In the circumstances, all the pending applications be listed for hearing. With the consent of both the parties, list the applications and appeal on
15th April, 2021.