9911796707
TMI Blog2020 (3) TMI 1006X X X X Extracts X X X X X X X X Extracts X X X X ..... rder during the pendency of the appeal and the status of the order of restoration of possession is same as in the case of passing of stay order. The main allegation against the appellant with respect to this property is that the appellant has liquidated the loan out of proceeds of crime. But the fact is that the appellant was staying with his family which consists of aged parents and that after being evicted they are staying with the family of sister of the appellant in a difficult condition. There is nothing on record that the appellant or their family members have any other accommodation to stay. The appellant has a prima facie case for restoration of possession of the property mentioned above and there will be injustice and irrepar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DBI and that the property has been taken possession by the Enforcement Directorate after evicting the appellants family which includes himself his wife Others as well as aged parents. All of them are now staying in the house of his sisters family s rented accommodation which is causing lot of embarrassment for them and with lot of difficulties and the appellant undertakes not to part with the property or create any encumbrances in any manner in favour of any third party and that he has a prima facie case in restoring the physical possession of the said property and that he is and he would be facing lot of problems and there will be irreparable injury which cannot be compensated in terms of money if the possession of the property is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us of the order of restoration of possession is same as in the case of passing of stay order. Proceeding further, it is seen from the record that the Division Bench of this Tribunal passed an order of stay on dated 28.05.2018. The second para of the said order is important because the condition order of status quo was passed as agreed by both the parties. The relevant portion of the order dated 28.05.2018 is reproduced below:- 2. As agreed both the parties status quo shall be maintained in respect of above mentioned properties i.e. H.No. 3086/1, Sector 47-D, Chandigarh. The learned counsel for the appellant upon instruction undertakes that he shall not dispose of this property or create any third party interest directly or indirect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of possession of the property mentioned above and there will be injustice and irreparable injury would be caused if the possession of the house is not restored. Therefore, the Respondent is directed to restore the possession of the property in question to the appellant within two weeks from today. The aforesaid order is subject to following condition: (i) Attachments shall continue. (ii) Legal and constructive possession of ED shall remain over the properties. (iii) The appellant is prohibited from transferring, converting or disposing the property in question in favour of any third party. (iv) No encumbrance shall be created by the appellant in respect of the properties. In view of the above, the application is accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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