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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8534/DLI/2021 (U.H.) in FPA-PMLA-2336/DLI/2018
The ld. counsel for the appellant in appeal no. FPA-PMLA-2336/DLI/2018 has filed the present application for urgent listing of the appeal and stay
application, on the grounds stated therein. The same is considered and allowed. The application is accordingly disposed of.
MP-PMLA-8535/DLI/2021 (Stay) in FPA-PMLA-2395/DLI/2018 MP-PMLA-8533/DLI/2021 (Stay) in FPA-PMLA-2336/DLI/2018
The present application being MP-PMLA-8535/DLI/2021 in FPA-PMLA-2395/DLI/2018 has been filed to stay the operation of notice dated
12.03.2021 where as the application no. MP-PMLA-8533/DLI/2021 (Stay) in FPA-PMLA-2336/DLI/2018 has been filed for further stay of the
impugned order dated 17.05.2015 and also to stay the notices of eviction dated 12.03.2021 and 18.03.2021 issued to the respondent no. 2 to 4 and its
implementation/execution and incidental proceedings.
During the course of hearing, the ld. counsels for the appellants submits that this Tribunal has already passed the order of “status quo†in both the
matters vide order dated 05.06.2018 and 05.08.2018 respectively. It is submitted that the impugned notices dated 12.03.2021and 18.03.2021 suffers
from vices of infirmity and illegality and to circumvent the orders passed by this Tribunal in the appeals and the same is abuse of process of law and
complete derogation and abeyance of office order published by this Tribunal from time to time and that the properties in both the impugned notices are
the same.
Upon hearing, issue notice in the stay applications. Mr. N.K. Matta, ld. counsel for the respondent appeared on behalf of the respondent (ED),
accepts the notice and sought six weeks time to file the replies to the said applications, which is not objected. Let the same be filed within six weeks
with an advance copy to the other side.
With the consent of both the parties, list the appeal and stay applications on 5th July, 2020. Earlier date fixed in these matters i.e. 12th May, 2021 is
cancelled.
Till the next date of hearing, the respondent is directed not to take any coercive steps in view of the notice dated 12.03.2021 and 18.03.2021 issued to
the appellants. The stay applications will be decided on merits after filing of replies. The status quo order already passed earlier in these matters to
continue till the next date of hearing.