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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8150 /AHD/2021 (E.H.) in FPA-PMLA-2728/AHD/2018 & MP-PMLA-8152/AHD/2021 (E.H.) in FPA-PMLA-
2730/AHD/2018
The present applications have been filed by the applicants/appellants for early hearing of above mentioned appeals and connected misc. applications,
on the grounds stated therein.
Considering the grounds mentioned in the applications, the same are allowed by taking up the stay application today. The early hearing applications are
accordingly disposed of.
MP-PMLA-8151 /AHD/2021 (Stay) in FPA-PMLA-2728/AHD/2018 & MP-PMLA-8153/AHD/2021 (Stay) in FPA-PMLA-
2730/AHD/2018
The present applications have been filed by the applicants/appellants to restrain the respondent(ED) from taking actual physical possession of vehicles
bearing registration numbers GJ-06-EQ-9551, GJ-06-CM-9551 and GJ-06-DQ-9515 belonging to the appellant Sh. Suresh Narain Bhatnagar and GJ-
06-EQ-1947 belonging to the appellant Sh. Sumit Suresh Bhatnagar, on the grounds stated therein.
Upon hearing, issue notice in the applications. Mr. Atul Tripathi, ld. counsel for the respondent accepts the notice and seeks four weeks time to file the
reply, which is not objected. Let the same be filed within four weeks with an advance copy to the other side.
During the course of hearing, the ld. counsel for the appellant submitted that the appellants have received oral directions to hand over the physical
possession of the aforesaid vehicles. It is admitted by him that no notices have been served on the appellants regarding handing over the physical
possession of the aforesaid vehicles. It further submitted by him that on the date of serving of the possession notice the vehicles would be taken away
by the respondent and that the impugned order of retention/freezing order is dated 24.09.2018 and the aforesaid vehicles are still in the possession of
the appellants and no notice has been issued by the respondent till date. It is submitted by the ld. counsel for the appellants that the appellants are
ready to provide bond/personal guarantee to the extent of the value of the aforesaid vehicles and the appellants may be allowed to keep the possession
of the aforesaid vehicles.
On the other hand, the ld. counsel for the respondent submitted that as per the prescribed rules the appellants should deposit the value of vehicles and
seeks time to take appropriate instruction in this regard.
Heard both sides. The respondent is directed to obtain valuation report of the cars from the Motor Licensing Authority or any other Authority and file
the same along with the reply to the applications. The appellants are also directed to file the copy of the insurance papers of the aforesaid vehicles.
The ld. counsel for the respondent is directed to take instruction of the respondent regarding the offer made by the appellants on furnishing of
bond/personal guarantee of the appellants.
The respondent is directed not to take the physical possession of the aforesaid vehicles till the next date of hearing. The appellants are directed not to
part with the aforesaid vehicles in any manner. The appellant shall not mortgaged or create any third party rights over the same. The symbolic and
legal possession of the aforesaid vehicles shall remain with the respondent.
The respondent is directed that in the event any possession notices are issued to the appellants for taking the physical possession of the aforesaid
vehicles then a copy of the same be sent to the ld. counsel for the appellants, who may press for appropriate relief which shall be considered in
accordance with law.
With the consent of both the parties, list the matter on 8th April, 2021. The date fixed in the appeal and applications vide Tribunal’s Office
Order dated 31.12.2020 i.e. 2nd March, 2021 is cancelled.