9911796707
TMI Blog2020 (2) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... parties to the appeal. There is nothing on record to show that copy of the order dated 27.11.2019 has been sent to the appellant. That being so, in fact, there is no delay in filing the appeal. The grounds of restoration advanced by the appellant is considered. The connected appeals are pending before this Tribunal and if the appeal is not restored to file than it would cause great hardship to the appellant and his family members. The prejudice which is likely to cause if the application is allowed can be compensated in terms of money. The applicant has agreed to compensate the Respondent with appropriate cost - the application for restoration of appeal is allowed subject to payment of cost of ₹ 20,000/- to the Respondent within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion has been served upon the Appellant. Annexed hereto is the copy of the possession notice annexed as Annexure A-2 . (5) That non appearance of the Counsel/Appellant was inadverent and due to the aforesaid reasons. (6) That the Hon ble Tribunal may kindly appreciate that the Hon ble Tribunal is vested with the powers to restore the Appeals in the interest of Justice as held in the catena of judgments. Further the main cases are pending adjudication before the Hon ble Tribunal. (7) It is respectfully submitted that the appellant has meritorious case requiring Hon ble Tribunal s decision on substantial questions of law and the revival of the said appeal and decision of merits is requested since the Adjudication of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of appeal. However, the provisions of Section 35(2) of the PMLA, 2002 provides that the Appellate Tribunal shall have discharging its function under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of this certain matters which include setting-aside any order of dismissal of any representation for default or any order passed by it ex-parte. (iv) On the dates mentioned above i.e. 27.05.2019, 08.07.2019 and 27.11.2019 the appellant has failed to appear either in person or through his representative or through his counsels on three occasions i.e. the date mentioned above and that the counsel for the appellant choose to appear for other appeals but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en individual order in the appeal filed by the present applicant was passed the name of Shri Saurabh Kapoor appeared as Advocate for the appellant/applicant. During the course of the hearing of the application it is admitted by Shri Saurabh Kapoor that he did not file any vakalatnama in the appeal. It is seen from the record that not only on three dates mentioned above but also on several other dates Shri Dinesh Kumar was neither present in person nor any authorized person or representatives present on his behalf. During the course of hearing Shri Saurabh Kapoor, the learned Advocate admitted that he has been the Advocate for the other appellants. Shri Saurabh Kapoor has for the first time filed his vakalatnama in appeal no. FPA-PMLA- 2205/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent applicant/appellant. The Adjudicating Authority allowed the O.A. The defendants therein, being aggrieved, have preferred several appeals and the same are pending. The numbers of few of the appeals are reflected in this order in the preceding paragraph. It is the contention of the appellant that his appeal has a good case. He has been made a scape goat and he is not a beneficiary. The case of the applicant will be frustrated if the appeal is not heard on merit. It is further contended by the applicant that since the connected appeals are pending before this Tribunal no harm would be caused if the application for restoration of the appeal is allowed. 7. It is the contention of the learned counsel for the Respondent that prosecution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has agreed to compensate the Respondent with appropriate cost. 10. Considering the overall situation, in the interest of justice, the application for restoration of appeal is allowed subject to payment of cost of ₹ 20,000/- to the Respondent within eight weeks. 11. Subject to above the appeal no. FPA-PMLA-2205/CHD/2018 is restored to file. 12. An application for stay has been filed by the applicant on the ground that he has received the notice dated 07.01.2020 under section 8(4) of the PMLA, 2002 for vacation of the property at H. No. 3086/1, Sector 47-D, Chandigarh. It was submitted by the appellant that the appellant and his family members including aged parents who were staying in the property at H. No. 3086/1, Sector 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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