2023 (1) TMI 298 - HC - PMLA
Provisional attachment order - seeking eviction of the present owner - the case is that since the Petitioner is 50% owner of all these properties, the occupants cannot be evicted in this manner - HELD THAT:- Admittedly, Sh. Pankaj Jain and Sh. Sanjay Jain are brothers. They own equal shares in the properties listed above. The ED is seeking eviction of the occupants from the properties, qua the share of Sh. Pankaj Jain, but the same are under occupation of the family of Sh. Sanjay Jain or tenants. The appeal filed by Sh. Pankaj Jain against whom the attachment order has been finally confirmed, is presently pending before the Appellate Tribunal constituted under Section 25 of PMLA.
A perusal of Section 26 of the Prevention of Money Laundering Act, 2002 shows that orders of attachment passed by the Adjudicating Authority are appealable to the Appellate Tribunal at the instance of `any person aggrieved’. In the opinion of this Court, Sh. Sanjay Jain who is the Petitioner before this Court would also be a `person aggrieved’ who would be entitled to approach the Appellate Tribunal and challenge the attachment order or object to the impugned notices issued pursuant to the attachment order - Admittedly, the family of the Petitioner is residing in two of the seven premises – from where the occupants are sought to be evicted. Some of the premises are also tenanted premises. Thus, the effect of Rule 5(3) and Rule 5(5) would have to be considered by the Tribunal. Even the Petitioner’s challenge to the provisional attachment order in respect of these very properties is stated to be pending before the Adjudicating Authority and the same is yet to be confirmed.
The Petitioner is permitted to file an appeal, within a week challenging the final attachment order passed by the Adjudicating Authority dated 29th September, 2022 before the Appellate Tribunal - Petition disposed off.