9911796707
TMI Blog2017 (3) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... on instructions, would submit that the petitioner will not further encumber or alienate or create any third party right in respect of the immovable property, which is the subject matter of attachment and the said submission, on instructions, is placed on record. In the light of the fact that petition for stay has been posted on 18.04.2017 by the first respondent and taking into consideration the averment made by the petitioner in para 11 of the affidavit that he is suffering from paralysis and coronary artery disease and living with stunt in the heart and is still under treatment to cure his paralysis and that he along with his family are residing in the premises in question, this Court is of the view that till 18.04.2017 further proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 5(5) of the PMLA Act against the petitioner, his wife and also against the Manager of M/s.Vijaya Bank Limited, Mount Road, Chennai. 3. The second respondent, after giving opportunity and hearing the rival submissions and on perusal of the records, vide order dated 06.06.2016, arrived at a prima facie conclusion that the respondents/defendants have committed the Scheduled Offences, generated proceeds of crime and laundered them and the properties attached are proceeds of crime or value thereof and are involved in money laundering and therefore, confirmed the order of provisional attachment. 4. The petitioner and his wife, aggrieved by the said order passed by the second respondent in confirming the provisional attachment, fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the petitioner has invited the attention of this Court to the affidavit filed in support of this writ petition and the typed set of documents and would submit that admittedly, the appeal against the order passed by the second respondent/Adjudicating Authority is pending before the first respondent and pendency of the appeal, application for stay in MP PMLA-2633/AHD/2016 and it has been entertained and on the request made by the learned counsel for the respondent, namely the Deputy Director, Directorate of Enforcement, Chennai, time was granted to file counter and thereafter the appellant to file rejoinder and the matter was directed to be listed on 18.04.2017 and in all fairness, the fourth respondent ought to have waited till that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rival submissions and also perused the entire materials placed before it. 8. It is a well settled legal position that the first appeal is a matter of statutory right and though there is no provision for stay, inherent power is vested with the Appellate Authority to grant interim order protecting the interest of the parties, pending disposal of the appeal. The appeal to the Appellate Tribunal is provided under Chapter 6 of PMLA Act and though under Section 26 of the said Act, there is no express provision for filing petition for stay, in the light of the settled legal position, the Appellate Tribunal has rightly entered petition for stay and at the request of the learned counsel for the respondent, namely the Deputy Director of Enforc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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