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TMI Blog2018 (8) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant states that this Order may be passed without prejudice to the right and contention of the appellant. The counsel for the appellant agrees to deposit ₹ 181/- per month with the respondent till the final outcome of the matter before the Special Court. The said suggestion is agreeable to the learned counsel for the respondent. Appeal is disposed of. In case the proceedings pending before the Special Court are decided in favour of the appellant, who would be entitled to file appropriate application as well as refund of the rental amount which is being deposited as user and occupation charges as well as release of flat in question. - MP-PMLA-1191/MUM/2014(STAY) & FPA-PMLA-645/MUM/2014 - - - Dated:- 1-1-2018 - Justice Manmoh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisional Attachment Order to the extent of tenancy is admitted and rest of the contents are denied. A copy of Provisional Attachment Order dated 27.3.2014 is annexed herewith and marked Exhibit F . 12. The Appellant Original Defendant No. 6 submits that no opportunity is given to the Appellant Original Defendant No. 6 to substantiate his claim by way of filing written submission. It is submitted that the onus to disprove the contents of the complainant is heavily upon the Appellant Original Defendant No. 6. Therefore, principle of natural justice to be adopted to give a proper opportunity. It is submitted that in the instant case notice served by the Adjudicating Authority on 10/6/2014 to appear on 25/6/2014 to show cause as to wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn on Bank of Maharashtra, Dadar Branch in the name of landlady B.G. Ambulkar. It is submitted that the total figure of ₹ 2,85,000.00 + 50,000 = 3,35,000/- written as 3.25 Lakh under coercion. A copy of statement of Appellant recorded on 8/02/2010 is annexed and marked Exhibit G . 14. The Appellant-Defendant No. 6 states that the property in question did not purchased by this Appellant- Defendant No. 6. It is submitted that the Appellant - Defendant No. 6 was owned a property known as Flat No. 406, adm. 565 sq. ft built up area situated on 4th floor, of B-wing Avantika Co-operative Hsg. Scty. Manisha Nagar, at Village Kalwa, Bombay-Pune Road, Thane (W). It is submitted that the above said property has been sold in the year 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om Room No. 39, 3rd Floor, Ambulkar Sadan, Gokhale Road, South Dadar, Mumbai-400028, the dispossession of the appellant is stayed from the said premises subject to the applicant depositing ₹ 181/- per month with the respondent from 1st September, 2014 when the applicant became liable to restore the possession to the respondent on confirmation of provisional attachment order. The arrear of the charges be deposited by 15th of May, 2015 and the future charges for the subsequent months be continue to be deposited by the applicant by 15th day of subsequent English month. With this direction an interim stay is granted in favour of applicant against the dispossession during the pendency of the appeal till this order is vacated or modif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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