9911796707
TMI Blog2017 (4) TMI 926X X X X Extracts X X X X X X X X Extracts X X X X ..... vision 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 Enforcement Directorate, Chennai, granted time till 18.04.2017 to file counter with a liberty to file a rejoinder. It is also pertinent to point out at this juncture that provisional order of attachment has also been made absolute and it is the submission of the learned Senior Counsel appearing for the petitioner that the immovable property has also been mortgaged with M/s.Vijaya Bank, Mount Road, Chennai. The learned Senior Counsel appearing for the petitioner, on instructions, would submit that the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 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 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered 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 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 has been filed and it has been entertained and on the request made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 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 notice of eviction dated 28.02.2017 in F.No.ECIR/09/CEZO/2012 till 18.04.2017 i.e., till the date of hearing of the stay petition before the first respondent/Appellate Tribunal. 12. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
