9911796707
TMI Blog2023 (1) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... nal constituted under Section 25 of PMLA. A perusal of Section 26 of the Prevention of Money Laundering Act, 2002 shows that orders of attachment passed by the Adjudicating Authority are appealable to the Appellate Tribunal at the instance of `any person aggrieved . In the opinion of this Court, Sh. Sanjay Jain who is the Petitioner before this Court would also be a `person aggrieved who would be entitled to approach the Appellate Tribunal and challenge the attachment order or object to the impugned notices issued pursuant to the attachment order - Admittedly, the family of the Petitioner is residing in two of the seven premises from where the occupants are sought to be evicted. Some of the premises are also tenanted premises. Thus, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 directing attachment of the above-mentioned properties in proceedings which were commenced against one Sh. Pankaj Jain. The said PAO was confirmed on 29th September, 2022 by the AA. The value assessed of these properties is a total sum of Rs. 66,84,151 and the value of Mr. Pankaj Jain s share in the said properties has been assessed to be Rs.32,65,516/-. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aj 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 shares in the properties listed above. The ED is seeking eviction of the occupants from the properties, qua the share of Sh. Pankaj Jain, but the same are under occupation of the family of Sh. Sanjay Jain or tenants. The appeal filed by Sh. Pankaj Jain against whom the attachment order has been finally confirmed, is presently pending before the Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Laundering Act, 2002 shows that orders of attachment passed by the Adjudicating Authority are appealable to the Appellate Tribunal at the instance of `any person aggrieved . In the opinion of this Court, Sh. Sanjay Jain who is the Petitioner before this Court would also be a `person aggrieved who would be entitled to app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority 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 Authority is in the form of a land, building, house, flat, etc., and is given on lease or rent to any third party where the registration is optional in accordance with the provision of section 18 of the Registration Act, 1908, the authorized officer shall proceed to get the premises vacated and the possessio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 for challenging the notices dated 20th December, 2022 issued pursuant to the attachment confirmation order; iii) The Appellate Tribunal shall hear the Petitioner and pass appropriate orders in accordance with law in respect of notices dated 20th December, 2022, inter alia, considerin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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