9911796707
TMI Blog2017 (4) TMI 926X X X X Extracts X X X X X X X X Extracts X X X X ..... e No.225 of 2011 against the petitioner's husband and one M.Ravi, S/o.Vinayagam, for the alleged commission of offences under Sections 465, 468 r/w. 471 and 420 IPC. Subsequently, the fourth respondent had invoked the provisions of the Prevention of Money Laundering Act, 2002 [in short PMLA Act ] and an order of provisional attachment of various assets dated 23.03.2015 was passed by the fourth respondent under Section 5(1) of the said Act. The fourth respondent has also filed a original complaint in O.C.No.442/2015 before the second respondent under Section 5(5) of the PMLA Act against the petitioner, her husband and also against the Manager of M/s.Vijaya Bank Limited, Mount Road, Chennai. 3. The second respondent, after giving opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the impugned notice of eviction dated 28.02.2017, calling upon the present occupants of immovable property measuring 3600 sq.ft. land with building covered under Survey No.140/Part, 74 located at Amudha Illam , W-547, 6th Street, C-Sector, Anna Nagar West Extension, Chennai-1, registered in the name of the petitioner and her husband and to vacate the said premises within 15 days from the date of receipt of the notice and handover possession. Challenging the legality of the same, the present writ petition is filed. 5. Mr.AR.L.Sundaresan, learned Senior Counsel appearing 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013 and would submit that pending disposal of the appeal, there is no provision of staying the operation of the order passed by the second respondent/Adjudicating Authority and though the petition for stay has been entertained by the first respondent/Appellate Tribunal, the petitioner failed to obtain any interim orders and therefore, it is open to the fourth respondent to take possession of the attached assets and prays for dismissal of this writ petition. 7. This Court paid its best attention to 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 matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in para 11 of the affidavit that her husband 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 she along with her family are residing in the premises in question, this Court is of the view that till 18.04.2017, further proceedings in pursuant to the impugned notice of eviction dated 28.02.2017 in F.No.ECIR/09/CEZO/2012 passed by the third respondent is to be deferred. 11. Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the third respondent to defer further proceedings in pursuant to the impugned no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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