9911796707
TMI Blog2021 (1) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... cumbrance shall be created by the appellants in respect of the properties in question. List the appeals on 27th April, 2021. - G.C. MISHRA, ACTG. CHAIRMAN For the Appellant : Naveen Malhotra Adv. and Ankit Sharma For the Respondent : Mrs. Shilpi Satyapriya Satyam, Adv. ORDER 1. The matter was taken up through video conferencing on 15-1-2021. The appearance of the parties/learned counsels were as above. MP-PMLA-8006/JP/2020 (Stay), MP-PMLA-8008/JP/2020 (Stay), MP-PMLA-8011/JP/2020 (Stay), MP-PMLA-8014/JP/2020 (Stay), MP-PMLA-8017/JP/2020 (Stay), MP-PMLA-8020/JP/2020 (Stay), MP-PMLA-8023/JP/2020 (Stay) MP-PMLA-8026/JP/2020 (Stay) 2. Along with the appeals the appellants/applicants have filed applications seeking ad-interim stay on the operation of impugned order dated 14-12-2020. During the pendency of the appeals as well as stay applications, the appellants/applicants received eviction notices all dated 9-1-2021 issued under section 8(4) of the PML Act, 2002 read with Rule 5(2) of the Prevention of Money-Laundering (Taking Possession of Attached or Frozen Properties confirmed by the Adjudicating Authority) Rules, 2013, asking the appellants to vacate the following properties and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10 dated 22-5-2009 Area - 430.18 Sq. Yrd. (359.68 Sq. Mtr.) (xii) Plot with building/house and three shops situated at 119/491, Mansarovar, Madhyam Marg, Jaipur. Area - 114.42 Sq. Mtr. Residential, (total covered area 3693.98 sq. fts in G+2) Shop area 47.58 Sq. Mtr. Total - 162 Sq. Mtr. (xiii) Fixed assets including land building constructed at plot situated at Shipra Path, Mansarovar, Jaipur in the name of RAG Memorial Trust including RAG Hospital. 4. During the course of hearing the learned counsel for the appellants/applicants referred to the page no(s).402 to 404 of the impugned order containing part of Para No. 18 on the conclusion of money laundering. By referring to the said order the learned counsel for the appellants/applicants submitted that the Adjudicating Authority has found that the proceeds of crime as has emerged from the investigation relating to the scheduled offence is only to the tune of Rs. 10,60,10,743/-and not Rs. 14,60,10,743/- as the respondent (ED) has subsequently found more properties. 5. The learned counsel for the appellants/applicants has referred to the explanations with regards to each and every property attached in the present proceedings. It is su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough donations, were paid towards the consideration amount of the said property and this property being the property of the said society, so the amount as well as the property cannot be treated as proceeds of crime. 10. With regards to properties at serial no(s).(ix) to (xi) it is explained by the learned counsel for the appellants/applicants that that these properties belong to Saket Nursing College, which is registered as an association of person, which have been acquired out of fees, etc. collected from students and only because Smt. Meena Devi, Dr. Mohit Sharma or Shri Ankit Sharma, the appellants are directors, the properties of the college cannot be attached and the possession of the same would jeopardize the future and career of hundreds of students. 11. With regards to property at serial no. (xii) above, it is submitted by the learned counsel for the appellants/applicants that the same belongs to Shri Mahesh Chand Sharma, the appellant no. 1 and this property has been acquired after his termination from service and that the ACB, Jaipur has also not added this property as part of list of properties in the disproportionate of assets case. 12. With regards to property at ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x) to para no(s).iii of page no. 62 and also refer to the statement of account maintained by Saket Nursing College with the Integral Urban Co-operative Bank, and thereafter refer to page no. 64 and submitted that before remitting amount of Rs. 2,50,000/- to the seller of the property, cash was infused in the bank account and she has also submitted that property at serial no. (x) (xi) were also acquired in the same manner. 20. With regards to property at serial no. (xii) she has specifically made reference to para no(s).11.5 at page no(s).89 90 respectively of the Original Complaint and submitted that this property has been acquired by way of agreement to sale and the said agreement does not have the date of agreement in the first and last page of the same as they were blank and the said agreement is witnessed by the appellant Dr.Mohit Sharma and Shri Ankit Sharma, who are the sons of Shri Mahesh Chand Sharma. 21. The learned counsel for the respondent (ED) further has made reference to statement of Shri Shiv Charan Sharma, brother of appellant Shri Mahesh Chand Sharma as described in para no(s).11.12 at page no(s).138 139 respectively of the Original Complaint and submitted that hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial no(s).(i) to (iv) are purchased in the name of the company and owned by it which is not denied by the respondent. The allegation of the respondent that the company is a shell company and does exists on papers only. The existence of the company will be decided at the time of hearing of the appeal on merit. At this stage it is an admitted fact that the properties are in the name of the company and the same is prima facie clear therefore, at this stage, it would be proper to grant ad-interim order of status quo till the next date of hearing. Therefore, both the parties are directed to maintain status quo with respect to these four properties mentioned at serial no(s).(i) to (iv) above, subject to the conditions mentioned at the end of this order. 28. So far as the properties at serial no. (v) (xii) above are concerned, it is submitted that the property at serial no. (v) is an agricultural land and was purchased by the appellant no. 1 against consideration of Rs. 1.5 Lakh cash in 2005 and the property at serial no. (xii) consists of plot with building and three shops situated at 119/491, which belongs to appellant no. 1 by way of agreement to sale and consideration amount of that p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Meena Devi in the capacity of Secretary of that Sansthan (Society). It is revealed from the record that the aforesaid society was created for the purpose of running college under its name but no permission was granted and that the society is managed by appellant Smt. Meena Devi. This property has been purchased for Rs. 7,81,000/- and as per the sale deed the purchase consideration was paid as Rs. 31,000/- in cash and Rs. 7,50,000/-through two cheques for Rs. 4,50,000/- and Rs. 3,00,000/- drawn from SBBJ. During the course of hearing it was contended by the learned counsel for the appellants that the aforesaid amounts have been collected from the members of the society through donations and it was shown in the Income-tax Returns of the society and that none of the members of the society have been examined and that the attachments have been done mainly on the basis of the FIR registered by ACB. On the other hand the learned counsel for the respondent submitted that the cheque of Rs. 3,00,000/- was found cleared, however, the other cheque for Rs. 4,50,000/- was found not cleared and Rs. 3,00,000/- was managed out of cash deposits and the possibility of payment of remaining amount of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there are several trustees including four of the individual appellants above. The above facts has made out a prima facie case for grant of order of status quo as in the event, the physical possession of the Hospital is taken over, then the public at large will be the sufferer. Therefore, in the interest of justice, it will be proper to grant an order of status quo with respect to the property at serial no. (xiii) above, till the next date of hearing. Therefore, both the parties are directed to maintain status quo with respect to the property mentioned at serial no. (xiii) above, subject to the conditions mentioned below: 34. The aforesaid orders of ad-interim 'status quo', with respect to the aforesaid properties except the properties mentioned above at serial no. (vi) (vii), is granted subject to the following conditions:- i. Attachments shall continue. ii. The appellants are prohibited to create any third party right, transfer, mortgage or otherwise dispose of the properties in question in any manner. iii. Neither party is allowed to alter the nature and character of the properties in question, as on today. iv. No encumbrance shall be created by the appellants in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
