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2015 (12) TMI 1736 - AT - Money LaunderingOffence under PMLA Act - provisional attachment of various properties - Held that:- The arguments of the appellant that (i) the flat No. 204 was sold to Sh. Sunny Priyadarshi without receipt of any money as he had confidence on him on account of earlier transactions with him, (ii) that on the date of execution of sale deed dated 5-2-2013, he has not received any money except post-dated cheques, (iii) that the sale deed No. 2537, dated 5-2-2013 was conditional to the payment/release/honoring of the four cheques which were returned unpaid when presented for payment in bank and (iv) that since Sh. Sunny Priyadarshi has not paid the sale consideration to the appellant firm, hence, the appellant firm is owner of the said flat are not sustainable and are liable to be rejected. Even if the arguments of the appellant that he has not received the sale consideration as all the four cheques have bounced is upheld, still the ownership of the flat No. 204 is also with Sh. Sunny Priyadarshi as all the rights in the property have been transferred by appellant to Sh. Sunny Priyadarshi through deed of absolute sale registered at No. 2537 on 5-2-2013 with the District Registrar Office, Patna. Admittedly the title suit bearing No. 541 of 2013 before the Sub-Judge-1, Patna, Bihar against Sh. Sunny Priyadarshi is pending adjudication and the competent court has not declared the above sale deed No. 2537, dated 5-2-2013 executed by the appellant in favour of Sh. Sunny Priyadarshi as null and void,’fraudulent and without consideration and Sh. Sunny Priyadarshi continues to be the owner of the above flat No. 204. Thus the appellant has no rights in the attached property flat No. 204 as claimed by him. Appeal dismissed.
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