9911796707
TMI Blog2023 (1) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... the present owner, as also the occupants of the following properties: 1. 95/805, Vishal Bhawan, Nehru Place, New Delhi 2. Flat No. 4/55 Ground Floor, Madhuban, Nehru Place, New Delhi 110019 3. Shop No. L-1/L-5, Lajpat Nagar-II, New Delhi 4. B-19 Greater Kailash Part-I, New Delhi 48 5. Ground Floor at B-78 Defence Colony, New Delhi 6. Plot No. 44, Sukhchain Marg, DLF Qutab Enclave, Gurugram (Haryana) 3. The said notices are a culmination of orders passed by the Adjudicating Authority (AA) in Provisional Attachment Order (PAO) 3/2022 dated 19th April, 2022 passed by the Deputy Director, Enforcement Directorate, Delhi in ECIR No. ECIR/DLZO-I/43/2021. 4. A provisional attachment order was passed by the Adjudicating Authority dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ched or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013. 6. Mr. Zoheb Hosain, ld. Counsel appearing for the Enforcement Directorate submits that Sh. Pankaj Jain has absconded and is not submitting himself to due process in India despite warrants having been issued against him. As per ld. Sr. Counsel for the Petitioner, Sh. Pankaj Jain resides in London with his family. According to Mr. Aggarwal, the properties at serial numbers 2, 3, 4 and 7 are tenanted premises in respect of which the Enforcement Directorate is only entitled to get the lease amount or the rent from the concerned occupants and cannot evict the said occupants. 7. Heard. Admittedly, Sh. Pankaj Jain and Sh. Sanjay Jain are brothers. They own equal sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (1) or sub-section (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Adjudicating Authority or the Director, as the case may be. (6) The appeal filed before the Appellate Tribunal under sub-section (1) or sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of filing of the appeal. 9. A perusal of Section 26 of the Prevention of Money ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after issuing of such notice if the premises is not vacated within the stipulated time, such occupant shall be evicted and the possession shall be taken by seeking the assistance of the local Authorities in terms of section 54 of the Act; (3) Where the immovable property confirmed by the Adjudicating Authority is in the form of a land, building, house, flat, etc., and is given on lease or rent to a third party which is registered in accordance with the provisions of section 17 of the Registration Act, 1908, the authorized officer shall issue a direction to the occupant to pay the lease amount or rent in the form of Demand Draft payable to the Directorate of Enforcement; (4) Where the immovable property confirmed by the Adjudicating Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mises. Thus, the effect of Rule 5(3) and Rule 5(5) would have to be considered by the Tribunal. Even the Petitioner's challenge to the provisional attachment order in respect of these very properties is stated to be pending before the Adjudicating Authority and the same is yet to be confirmed. 12. Considering these facts and circumstances, the following directions are issued: i) The Petitioner is permitted to file an appeal, within a week challenging the final attachment order passed by the Adjudicating Authority dated 29th September, 2022 before the Appellate Tribunal; ii) Alternatively, within a week, the Petitioner is permitted to approach the Appellate Tribunal by way of an application in the pending appeal filed by Sh. Pankaj Jain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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