9911796707
TMI Blog2024 (12) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... ting Authority, he could not know about the impugned order. Hence delay occurred in filing the appeal. 3. It is submitted that provisional attachment order was issued with a copy to Sh. Subhash Sharma though the property had been purchased by the appellant. He was not served with the notice. When the appellant intend to sell the property recently, he informed his counsel that on 30.03.2023, provisional attachment order was affixed on the disputed property in the name of Subhash Sharma. The counsel was asked to verify the status of the property. The counsel for the accused received the copy of the impugned order from another counsel who was representing some other person. In absence of the knowledge of the proceeding before the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a delay of almost 11 months. 7. The justification of the delay has been given in para 4 and 5 of the application and quoted hereunder for ready reference:- 4. That the applicant was not made a party to the proceedings before the Ld. Adjudicating Authority and hence was not aware of the date of passing of the impugned order. Additionally, the PAO No.04/2023 was issued to one Mr. Subhash Sharma after the applicant had purchased the property. Trite to mention here that no notice for possession of property under Section 8(4) of the Prevention of Money Laundering Act, 2002 was issued to the applicant and hence again the applicant was unaware of any proceedings qua the disputed property. 5. That recently the applicant intended to sell the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fice on 18.07.2023. 11. Para 6 of the appeal quoted above shows knowledge of the PAO to the appellant and it was not only in his knowledge but he sent two applications to the Enforcement Directorate on 14.06.2023 and 10.07.2023 to seek recall/modification of the PAO. Despite knowing about the PAO of the property. The appellant did not take further steps even after knowing about the provisional attachment order. The appellant should have filed an application before the Adjudicating Authority because PAO was sent for confirmation under section 8 thus to seek for his impleadment by disclosing the status of the property but appellant remained silent spectator till the proceeding were concluded. The appellant has not pleaded about ignorance of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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