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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8439/DLI/2021 (U.A.), MP-PMLA-8441/DLI/2021 (U.A.), MP-PMLA-8443/DLI/2021 (U.A.), MP-PMLA-8445/DLI/2021
(U.A.), MP-PMLA-8447/DLI/2021 (U.A.), MP-PMLA-8449/DLI/2021 (U.A.), & MP-PMLA-8451/DLI/2021 (U.A.)
In view of the issuance of notices all dated 09.03.2021 for taking possession of the immovable properties mentioned in the notices, the
appellants/applicants have filed these urgent applications on dated 12.03.2021 for urgent listing of the applications for stay on the operation of the
impugned notices. The prayer for urgent hearing is considered and allowed by fixing the case for today. The urgent applications are disposed of
accordingly.
MP-PMLA-8440/DLI/2021 (Stay), MP-PMLA-8442/DLI/2021 (Stay),
MP-PMLA-8444/DLI/2021 (Stay), MP-PMLA-8446/DLI/2021 (Stay),
MP-PMLA-8448/DLI/2021 (Stay), MP-PMLA-8450/DLI/2021 (Stay)
& MP-PMLA-8452/DLI/2021 (Stay)
These applications have been filed by the appellants/applicants inter-alia with prayer to pass orders staying the effect and operation of the eviction
notices all dated 09.03.2021 issued by the respondent (ED) for taking possession of the appellant’s properties in question under Section 8(4) of the
PMLA, 2002.
Issue notice in the applications. Mr. Vikas Garg, ld. Advocate appearing on behalf of the respondent (ED) accepts notice and sought two weeks time
to file replies to the stay applications.
During the course of hearing it is submitted by the learned counsel for the appellants that the said eviction notices all dated 09.03.2021 issued under
Section 8(4) of the PMLA, 2002 stated to have been received by / served on the appellants on 11.03.2021. It is further submitted by the learned
counsel for the appellants that this Tribunal vide its order dated 05.10.2016 in appeal no(s). FPA-PMLA-1287/DLI/2016, FPA-PMLA-
1310/DLI/2016, FPA-PMLA-1311/DLI/2016 & FPA-PMLA-1316/DLI/2016 directed that “the respondent shall maintain status quo in relation to
the eviction notice issued on 27th September, 2016†and that this Tribunal vide its order dated 11.07.2019 in appeal no(s). FPA-PMLA-
3121/DLI/2019, FPA-PMLA-3125/DLI/2019 & FPA-PMLA-3126/DLI/2019 directed that “In the meanwhile, „status quo‟ shall be maintained
by both the e impugned order dated 30.5.2019†and these orders are still in operation but the Enforcement Directorate, in terms of the judgment
passed by the Hon’ble Supreme Court of India in the matter of “Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Vs. CBI†relied on
that “stay granted by any court automatically expires within a period of six months unless extension is granted for good reasons†and on this very
ground issued the eviction notices to the appellants.
The learned counsel for the appellants further stated that the issuance of aforesaid eviction notices has an effect of overreaching the orders dated
27.09.2016 & 28.08.2019 and 11.07.2019 & 23.08.2019 passed in respective appeals by this Hon’ble Tribunal and the respondent (ED) has
mischievously issued the eviction notices without even seeking prior leave and stating that it has filed an intimation to this Hon’ble Tribunal on
22.02.2021 and is guilty of playing hide and seek with this Hon’ble Tribunal.
And the learned counsel for the appellants further stated that the order passed by the Hon’ble Supreme Court of India in Asian Resurfacing of
Road Agency Pvt. Ltd. and Anr. V/s. CBI reported as AIR 2018 SC, on which the respondent (ED) is relying is without even understanding the true
import of the said judgment as in Paragraph 35 of the said judgment, the Apex Court had stated that in all pending cases where stay against
proceedings of a civil or criminal trial is operating, the same shall come to an end on expiry of six months from the date of such order unless similar
extension is granted by a speaking order. As this Hon’ble Tribunal is neither conducting a civil or criminal trial and is merely performing quasi-
judicial functions under the PMLA, 2002 and that the status quo orders do not stay any proceedings of Adjudicating Authority and that the judgment
passed in Asian Resurfacing (supra) has no application in the present case and to this Honb’le Tribunal.
The learned counsel for the appellants/applicants further submitted that if the effect and operation of the eviction notices all dated 09.03.2021 issued
under Section 8(4) of the PMLA, 2002 is not stayed, the appellants/applicants would suffer irreparable loss, damage and injury, which cannot be
compensated in terms of money or in any other manner.
It is also submitted that the appellants have approached the Hon’ble High Court Delhi at New Delhi seeking quashing of the impugned notices
dated 09.03.2021 and the Hon’ble High Court directed to maintain status quo till 23.03.2021 and has ordered that no coercive steps be taken
against the petitioners pursuant to notice dated 09.03.2021.
On the aforesaid grounds, the learned counsel for the appellants/applicants have prayed for adâ€"interim stay on the execution, operation and
implementation of the impugned order passed by the Adjudicating Authority.
On the other hand, the learned counsel for the respondent (ED) strongly raised objection for grant of any ad-interim stay on the effect and operation
of the impugned eviction notices and submitted that the respondent has also submitted an application intimating this Tribunal that the Enforcement
Directorate is taking possession of the properties mentioned in the notices in view of the judgment passed by the Hon’ble Supreme Court of India
in the matter of Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. V/s. CBI (supra).
It is also submitted by the learned counsel for the respondent (ED) that the orders of status quo passed on earlier dates by this Hon’ble Tribunal
are not reasoned orders and in view of the aforesaid Hon’ble Supreme Court judgment the order of status quo cannot be extended/continued after
six months without giving any further detailed reasoned orders.
Heard both sides. It is seen from the record that the interim order dated 05.10.2016 has already been passed by the Full Bench of this Tribunal and
further seen from the record that vide order dated 28.08.2019, this Tribunal ordered that “Interim order to continue till further orders.†And this
order is still in operation in the appeal no(s). FPA-PMLA-1287/DLI/2016, FPA-PMLA-1310/DLI/2016, FPA-PMLA-1311/DLI/2016 & FPA-PMLA-
1316/DLI/2016. So far as appeal no(s). FPA-PMLA-3121/DLI/2019, FPA-PMLA-3125/DLI/2019 & FPA-PMLA-3126/DLI/2019 are concerned this
Tribunal has passed status quo orders on 11.07.2019 read with 23.08.2019 and these orders are still in operation.
It appears that during the continuation of these interim orders, the respondent (ED) relying on the aforesaid judgment of Hon’ble Supreme Court
issued the impugned notices dated 09.03.2021. The contentions raised by both the parties need to be examined and if the operation of the impugned
notices is allowed then the filing of the present applications would be frustrated. The Hon’ble Delhi High Court in the matters of W.P.
(CRL)622/2021 & CRL.M.A.4559/2021 and in W.P.(CRL)623/2021 & CRL.M.A.4561/2021 in the matters of “Sanjeev Tyagi & Ors. Versus
Union of India & Anr.†and “Sandeep Tyagi & Ors. Versus Union of India & Anr.†vide orders dated 18.03.2021 has directed the Respondent
(ED) not to take any coercive action pursuant to notice dated 09.03.2021. In the interest of justice, both the parties are directed to maintain status quo
till the next date of hearing. The Respondent (ED) is directed to give effect to the notices dated 09.03.2021 in the aforesaid appeals till the next date
of hearing.
The two weeks time sought by the respondent (ED) to file replies to the present stay applications is granted. Let the replies be filed within two weeks
with advance copies to the other side.
The application of intimation stated to have been filed by the Respondent (ED) in the present appeals is not available on record. The Registry is
directed to place the same on record without fail.
With the consent of both the parties, list the present stay applications on 13th April, 2021, the date already fixed in appeals at serial no(s).5 to 7 above.
Copy of the order be given “dasti†to both the parties.