9911796707
TMI Blog2019 (10) TMI 1252X X X X Extracts X X X X X X X X Extracts X X X X ..... gned order and the common notice issued under Section 8(4) of PMLA, 2002. Alongwith the appeals, the appellants have filed applications for staying the operation of impugned order dated 26.08.2019. The appellants have also been served with a common notice under Section 8(4) of the Prevention of Money Laundering Act (hereinafter referred to as 'PMLA'), 2002 dated 03.09.2019 ordering the inmates presently staying in/occupying bearing basement and ground floor of L-25/4, DLF Phase-II Gurugram, Haryana in the name of appellant Mrs. Sarwa Zahoor to vacate the premises within 10 days from the date of service of the notice to take possession of the premises by the ED. The said notice was served on the appellants. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , has purchased the property in question in the name of his wife Mrs. Sarwa Zahoor. He has paid the consideration amount. Since the payment has come from him, even though the property is in the name of Mrs. Sarwa Zahoor, so the property has been attached as a value equivalent to proceeds of crime. Therefore, the appellants don't have a prima facie case for stay. It is further pleaded by the learned counsel for the respondent that the son or his family is not residing in the property. It was submitted that, as none was found in the property so notice under Section 8(4) was affixed on the property. The learned counsel for the respondent has filed an unverified reply and report signed by Deputy Director, ED to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y there are two floors which are owned by the appellant Mrs. Sarwa Zahoor. The appellants contended that their son Dr. Yawar Zahoor Watali, who is a medical practitioner, is residing in the attached property. The appellant Mrs. Sarwa Zahoor has filed copies of documents, such as electricity bills, Green Power Resident energy consumption details, mobile bills, Aadhar Card, Identity Cards issued by Lok Nayak Hospital, New Delhi and Aakash Healthcare Super Speciality Hospital, New Delhi, in support of her contention that her son, who is medical practitioner, is staying at the same address. Undisputedly the property in question has been attached as value equivalent to part of the alleged proceeds of crime. The property in qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of money. So far as the floor rented out to the tenant in the questioned property is concerned, the appellant Mrs. Sarwa Zahoor is enjoying financial benefit out of it to the tune of Rs. 10,000/- p.m. The appellants could not make out a case of irreparable injury, in respect of the ground floor which is rented out, which can't be compensated in terms of money. In the light of aforesaid discussion, balance of convenience lies in passing the following orders in following terms: 1. Status quo shall be maintained by both parties as on today with respect of the floor occupied by the son & his family of the appellants. No coercive action shall be taken in view of notice issued under Section 8(4) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned property in any manner in favour of any person directly or indirectly. 5. The attachment of property in question shall continue. In view of Judgement of Hon'ble High Court, Madras in the matter of "A. Kamarunnisa Ghori & Ors. Versus Deputy Director, Directorate of Enforcement" the legal and constructive possession of the property in question would lie with respondent no.1 till further order/the next date of hearing. Subject to above, no coercive action shall be taken in view of the common notice dated 03.09.2019 issued under Section 8(4) of PMLA, 2002 till the next date of hearing. 6. The respondent is given liberty to make necessary enquiry regarding the market rent of the said property which h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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