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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8273/KOL/2021 (U.H.) in FPA-PMLA-1756/KOL/2017
The present urgent application has been filed by the applicant seeking listing of the application being M.A. No. 8135 of 2021 in FPA-PMLA-
1756/KOL/2017 on the grounds mentioned therein. The prayer for urgent hearing is considered and allowed. The application is disposed of
accordingly.
MP-PMLA-8135/KOL/2021 (Misc.) in FPA-PMLA-1756/KOL/2017
The applicants have filed this application seeking following reliefs:-
(a) Implead the Respondent no. 15 M/s. Multi Screen Media Pvt. Ltd. (Sony Pictures Network India Pvt. Ltd) as Party Respondent No. 15 to the
appeal being FPA-PMLA-1756/KOL/2017;
(b) Direct the Respondent No. 5 to 7 to comply with the order dated 9th November, 2017 passed by this Appellate Tribunal in FPA-PMLA-
1756/KOL/2017 and pay the arrears of Outstanding bill amount raised by the Applicant No. 2 alongwith the compounded interest @ 1.5% pm accrued
therein as mentioned in the statement/chart annexed as ANNEXURE-G;
(c) Direct the Respondent No. 5 to 7 to regularly pay the maintenance charges in future as per the monthly bill amount as raised by the Applicants or
their nominee/representative;
(d) In the alternative of prayer (b) & (c ) direct Respondent No. 15 (Sony Pictures Networks India Private Ltd. Company) or whoever occupies or
uses the said units in future; on behalf of the Respondents No. 5 to 7 to pay the arrears of Outstanding bill amount raised by the Applicant No. 2 along
with the interest accrued therein as mentioned in the statement annexed as ANNEXURE-G to the Applicants or their representatives or nominees,
and to pay regularly in future the monthly bill amount as raised by the Applicants or their nominee/representative towards maintenance charges,
Property Tax and Goods and Service Tax and other outgoing as per the bills raised by the Applicants from time to time.
During the course of hearing, Shri Rajeev Awasthi, the learned counsel for the applicants submitted that the applicants are seeking reliefs against the
Appellant, Respondent no. 1/ED and Respondent nos. 5 to 7 in the appeal and also submitted that no notice need to be sent to the other Respondents.
It is to be noted that the appeal has already been disposed of on 09.11.2017 and in the said appeal the present applicants were not parties. After
disposal of the appeal the applicants are seeking not only their impleadment in the appeal but also seeking implementation of the order passed by this
Tribunal. Therefore, in the first instance, whether the applications are maintainable, at this stage, has to be decided.
The applicants are directed to serve copy of the application with the annexures relied on by them, on the relevant parties in the appeal against whom
they are seeking reliefs and file the proof of service. Let the same be served on the relevant parties through e-mail and hard copy. The concerned
parties may file their replies to the application within four weeks from the date of receipt of copies of application with annexures with an advance
copy to the other side.
With the consent of parties appearing today, list the appeal on 20th May, 2021.