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2020 (5) TMI 277 - AT - Benami PropertyBenami transactions - Provisional Attachment - Whether Single Member Bench can hear the appeals filed under the said Act and pass such orders as deem fit to meet the ends of justice? - HELD THAT:- Direction in the order dated 15-5-2019 was that no further steps shall be taken on the notice issued by the I.O. Liberty was granted to the respondent to initiate the proceedings on the basis of fresh reference, if registered and they may proceed by registering the second reference in accordance with law. In the said order dated 15-5-2019, the respondent had also undertook that if necessary the respondent shall proceed with in accordance with law after serving the notice under section 24 (1) of the said Act. The second order dated 13-8-2019, a clear order that has been passed with the direction that "no further steps shall be taken by the respondent in view of the impugned order". Here also there is a mention of/reference to impugned order. The relevant portion of the impugned order has already been clarified in the preceding para no.39. Not in agreement with the learned counsel for the appellants that a Single Member Bench cannot clarify the orders passed by Division Bench in the given facts and circumstances of the appeals. The appellants cannot be allowed to take the advantage of an order which does not meant to be interpreted in the way now the appellants are interpreting. If the interpretation of the orders dated 15-5-2019 & 13-8-2019 are allowed to be interpreted the way the appellants are interpreting then it would amount to stall the investigations and scuttle the power given under the statue to the statutory authority under the said Act. In view of the discussions and after perusal of the judgments cited by both the parties it is held that the Single Member Bench can clarify the orders passed by the Division Bench under the relevant provisions of the said Act discussed above in the given facts and circumstances of the case and also by following the doctrine of necessity. It is clarified that no bar has been imposed in the orders dated 15-5-2019 & 13-8-2019 on the respondent to proceed with investigations/calling for documents from the appellants in accordance with law. It is further clarified that for the same, the respondent has to register a fresh reference as per law provided under the said Act and to follow the procedure as directed in the order dated 15-5-2019. Accordingly clarified.
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