2021 (7) TMI 961 - HC - Money Laundering

Validity of notice of eviction - direction to vacate the property mentioned in the notice within 10 days of receipt of the said notice - HELD THAT - Mr Tahir Majid Shamsi, the learned Assistant Solicitor General of India (ASGI), appearing on behalf of the Respondents, when asked, seeks some time to get instructions in the matter qua availability of Appellate Tribunal. That apart, the learned Assistant Solicitor General of India submitted that when the Petitioner, admittedly, has already availed the remedy of appeal as provided under the Statute, therefore, pending such appeal, there is no scope for the Petitioner to approach this Court through the medium of the instant Petition. Before proceeding further in the matter, it is thought just and proper to grant one opportunity to Mr Shamsi for reporting instructions in the matter. Accordingly, let the matter come up for consideration on Wednesday, the 7th of July, 2021 in the Daily Supplementary Cause List in order to enable Mr Shamsi to get instructions in the matter, as aforesaid.

Summary

Issues:
Challenge to Impugned Notice of Eviction issued under Prevention of Money Laundering Act, 2002.

Analysis:
1. The Petitioner challenged an Impugned Notice of Eviction dated 28th of June, 2021, issued by the Assistant Director, Directorate of Enforcement, Srinagar Zonal Office, under sub-section 4 of Section 8 of the Prevention of Money Laundering Act, 2002. The Petitioner, represented by Mr. R. A. Jan, had already filed an appeal before the Appellate Tribunal but was informed of a delay due to unavailability of coram. With the 10-day deadline approaching, the Petitioner approached the High Court for relief. Mr. Jan argued that the Respondent issuing the notice lacked jurisdiction as per the relevant rules.

2. Mr. Tahir Majid Shamsi, representing the Respondents, requested time to ascertain the availability of the Appellate Tribunal. He argued that since the Petitioner had already filed an appeal, approaching the High Court during the pendency of the appeal was not appropriate. The Court granted time to Mr. Shamsi to provide instructions on the matter and scheduled further consideration for July 7, 2021, staying the operation of the eviction notice until then.

3. The Court, in the interest of justice, allowed Mr. Shamsi time to gather instructions on the availability of the Appellate Tribunal before proceeding further. The operation of the eviction notice was stayed until the next hearing date. The Court directed that a copy of the order be provided to the counsels for both parties promptly.

This detailed analysis covers the issues raised in the legal judgment, outlining the arguments presented by both parties and the Court's decision to stay the eviction notice pending further instructions and hearing.