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2019 (9) TMI 1634

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..... ose, they can put temporary shed and make it useful, for which no equity has been claimed. Similarly, for maintaining the road, the expenses incurred cannot be fastened on the appellant. This arrangement would be subject to the disposal of the case pending on the file of the Special Court, Chennai, in S.C.No.74 of 2017. The respondents shall deposit a quantified amount, subject to the decision of the Special Court for the usage of the property. All these arrangements are subject to the result of the adjudication in S.C.No.74 of 2017 by the Special Court, Chennai. The respondents shall pay a sum of ₹ 2 lakhs without prejudice to the contentions in the pending case. These arrangements also subject to the result in S.C.No.74 of 2017 o .....

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..... 2016 passed by the Adjudicating Authority(under PMLA), New Delhi in Original Complaint(O.C.) No.635 of 2016 for confirming the provisional attachment orders. These appeals were disposed of by way of a common order dated 11.01.2019 by the Appellate Tribunal. Challenging the same, both sides have preferred the present appeals before us. The following is the operative portion of the order dated 11.01.2019 passed by the Appellate Tribunal. 54. The appellants despite of above are agreeable to deposit a sum of ₹ 6,47,25,000/ 126; as value assessed by the ED in the Investigation Report with the respondent (without prejudice) in order to secure the entire value of the property filed by the ED in the reason to believe. The figure mentioned .....

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..... te Tribunal has committed a factual error in making the recording, as if, a consent has been given when no such consent was given as recorded by the Tribunal. 6. By way of a reply, the learned Additional Solicitor General would submit that in view of the recording of the Appellate Tribunal, the civil miscellaneous appeals filed by the respondents are maintainable, whereas, the learned counsel appearing for the respondents would submit that inasmuch as the Tribunal has gone into the merits at length and held that the respondents were bona fide purchasers, the appeals preferred by the Department have to be dismissed. 7. Upon hearing the arguments, this Court made a suggestion on the last hearing on 23.09.2019 that the respondents will h .....

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