9911796707
TMI Blog2019 (12) TMI 810X X X X Extracts X X X X X X X X Extracts X X X X ..... essary arrangement to represent his case - Thereafter the case was fixed for hearing at least on four occasions almost covering a span of one year, but no one ever appeared. However soon after the case was dismissed for non prosecution on 07.09.2018, it is seen that the appellants filed the Restoration applications on 24.09.2018, within 17 days of the dismissed order. This does point out the intention of the appellants of deliberately not appearing on the previous occasions, so that the matter could get prolonged. The plea of the appellant Sh. Anosh Ekka s counsel that the appellant was in jail does not hold much ground as there are at least 9-10 other appellants as listed above who also did not appear and most of them are related to Sh. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Mr. Pradeep Singh, Advocates For the Respondent : Mr. Nitesh Rana, Advocate JUDGMENT 1. The restoration applications (ROA) filed in all the above appeals which was dismissed earlier vide this bench order dated 07.09.2018 was heard at length. The following submission was made on behalf of the appellants in all the appeals; (i) that earlier there was a different lawyer who appeared in these cases and there was no intimation to the appellants that he had withdrawn his vakalatnama and was not appearing in the cases since July, 2017. (ii) That Sh. Anosh Ekka, one of the appellants was in jail since August, 2009 to December, 2012 and again from November, 2014 to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order for maintaining the status quo which expiered on 22.12.2011 i.e. one month of the order dated 22.11.2011. (iii) In a related case against the same ECIR, the adjudicating authority while passing the order O.C. no. 348 /2014 dated 3.12.2014 has expressed anguish at the attempt of Sh. Anosh Ekka, one of the appellants in the present case attempting to sell off the properties attached by an earlier order. The learned counsel for the respondent stated that in fact they have already sold off two properties and the final sale deed registered as per the intimation received from the ADSR Jalpaiguri, although they were finally attached by the ED and eviction notices issued in those. (iv) In the present case, the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... berately not appearing on the previous occasions, so that the matter could get prolonged. 4. The plea of the appellant Sh. Anosh Ekka s counsel that the appellant was in jail does not hold much ground as there are at least 9-10 other appellants as listed above who also did not appear and most of them are related to Sh. Anosh Ekka. Even today Sh. Anosh Ekka is in jail as stated by the counsel for the appellant but nevertheless he has been able to appoint a new lawyer. The conduct of the appellant as brought out by the respondent and which was not controverted by any documents or evidence especially the fact of selling off the attached properties under PMLA only points towards the dis-regard of law by the appellants. Justice is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
