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Judgment
MP-PMLA-8349/MUM/2021(Urgent hearing)
The applicant/appellant has filed the present application, for early hearing of the stay application number as MP-PMLA-8362/MUM/2021, on the
grounds stated therein.
Considering the grounds mentioned in the early application, the same is allowed by taking up the stay application for hearing today i.e. 24.03.2021. The
application is accordingly disposed of.
MP-PMLA-8369/MUM/2021(Stay) in FPA-PMLA-3828/MUM/2020
Present application has been filed by the applicant/appellant for stay the operation of the eviction notices dated 15.02.2021 & 17.12.2020 issued u/s
8(4) of PMLA by the respondent to appellant to hand over the physical possession of Flat no. 612, “Câ€, Green View, Plot NO. 67, RSC-6,
Malwani, Malad(West), Mumbai-400095.
During the course of hearing, the ld. counsel for the appellant submits that on 17.12.2020 the respondent had issued eviction notice and Honâ€ble
Tribunal has stayed the operation of the eviction notice dated 17.12.2020 and passed status quo order on dated 18.12.2020. It is further submitted by
the ld. counsel for the appellant that inspite of status quo order, the respondent has again issued an eviction notice dated 15.02.2021 and asking to the
appellant to hand over the peaceful possession of the property in question. It is submitted that the appellant had complied with the status quo order
passed by this Tribunal on dated 18.12.2020 by depositing the rent received from the licensee(tenant) from the period from 17.11.2020 to 16.01.2021
by way of Demand Draft and that on expiration of the leave and license agreement, the property is in possession of the appellant and the said property
in her use and occupation and appellant is not getting any rent from the said flat and that the appellant has complied the order dated 18.12.2020 passed
by this Tribunal.
Later on Mr. Mohd. Faraz, ld. counsel for respondent has appeared before the bench in the chamber and raised objection for granting of any order of
status quo or staying the operation of the impugned notice and submits that the respondent will file the reply to the said application for which,
respondent needs four weeks time to file the same.
Heard both sides. It is an admitted fact that this Tribunal has already passed the conditional status quo order on dated 18.12.2020. In which, it was
specifically directed to the appellant that the rental amount of Rs. 15,000/- p.m. received from the tenant is to be deposited and it is submitted by the
ld. counsel for the appellant that the appellant has already deposited the same with the ED. That being so, I do not think that there is any non-
compliance of the order dated 18.12.2020 passed by this Tribunal, by the appellant. The respondent ED without approaching the Tribunal, directly
issued the aforesaid eviction notice dated 15.02.2021, during the pendency of the appeal.
Considering the facts available on record and after hearing of ld. counsels for both the parties, the respondent (ED) is directed not to execute the
impugned notice dated 15.02.2021 till the next date of hearing and both the parties are directed to maintain the “status quoâ€, as on today, till the
next date of hearing with respect to the properties against which the aforesaid notice has been issued.
The respondent is allowed to file reply to the said application within four weeks with an advance copy to the other side.
List the stay application on 18th May, 2021, when the appeal is already listed.
Copy of the order be given ‘dasti’ to both the parties.