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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8353/KOL/2021 (Stay)
The present application has been filed by the appellant seeking to list the appeal for urgent hearing and to stay the operation of the impugned order
dated 18.09.2018 as well as to stay the operation of the notice dated 15.02.2021 issued by the Respondent (ED). The detail of the property mentioned
in the notice is as follows:-
“Property bearing no. Plot No. 498, R.S. Khattan No. 289/1, 182/1, 267/1, 238/1 being JL No. 126 at Mouza, Ratulia, P.S. Panskura,
Distt: Puba, Medinipur, West Bengal.â€
During the course of hearing, it is submitted by the learned counsel for the appellant that the Respondent has issued notice dated 15.02.2021 to the
appellant and that this property is being used by the appellant for running of petrol-pump business and that aforesaid notice has been displayed by way
of notice board which is fixed on the property i.e. petrol-pump. It is further submitted by the learned counsel for the appellant that the appellant has not
received any notice under Section 8(4) of the PMLA, 2002 read with Rule 5(1) of the Prevention of Money Laundering (Taking Possession of
Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013 and that the notice dated 15.02.2021 is not a notice of eviction.
On the other hand the learned counsel for the Respondent submitted that she has not received copy of application so not in a position to reply to the
contention raised by the appellant. However she submitted that the property is a petrol-pump. It is also submitted that the appellant may be asked to
deposit the income from the petrol-pump. She requested the learned counsel for the appellant to furnish the copy of the application.
Heard both sides. Perused the material available on record. The Respondent has issued notice dated 15.02.2021 to the appellant which is neither a
notice to hand over the possession or to evict the appellant from the aforesaid property. It appears from the language of the notice that the ED has
already taken symbolic possession of the property by affixing notice board on the property. It is apprehended by the learned counsel for the appellant
that the Respondent may take physical possession of the petrol-pump. It is an admitted fact that the appellant has not received any eviction notice nor
the physical possession of the aforesaid property i.e. petrol-pump has been taken. The appellant is running petrol-pump on the property which is a
running business. Therefore, in the event the Respondent is issuing any notice of eviction or otherwise under the relevant provisions of law, liberty is
granted to the appellant to move this Tribunal for appropriate relief which shall be decided in accordance with law.
Since the Respondent has already taken possession in view of the said notice there is nothing remain for stay of the operation of the notice, therefore,
the application has become infructuous. That being so the application is dismissed being infructuous. The application is accordingly disposed of.
With the consent of both the parties, list on 13th April, 2021.