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2022 (7) TMI 530 - HC - Benami PropertyBenami transaction - 5th respondent exercising powers under Section 18(2) of the Benami Property Act has provisionally attached the properties - HELD THAT:- Adjudicating Authority is empowered to make or cause to be made inquiries and to call for reports or evidence as it deems fit. It has also the authority to take into account all relevant materials besides reply of the noticee and thereafter to take a decision one way or the other holding the property not to be a benami property and revoking the attachment order or holding the property to be a benami property and confirming the attachment order. Considering the fact that petitioners before us are widows and facing stringent provisions of the Benami Property Act, it would meet the ends of justice if the Adjudicating Authority on receipt of application of the petitioners call for the relevant documents/evidence from authorised authorities including the Special Investigation Team and thereafter hand over copies of the same to the petitioners so as to enable them to make effective defence. Accordingly following directions are issued: (i) Petitioners shall submit application(s) before the Adjudicating Authority within two (02) weeks from today mentioning therein the documents required for their defence and in whose custody the documents are being kept. (ii) On receipt of such application(s), the Adjudicating Authority shall requisition the relevant documents/evidence from the concerned authorities. (iii) On receipt of the documents/evidence by the Adjudicating Authority, petitioners or their authorised representative shall be permitted to go through the same and on their request, photo copies of such documents may be made available to the petitioners or their authorised representative. (iv) Thereafter, petitioners shall file their reply to the notice issued by the Adjudicating Authority (v) Adjudicating Authority shall consider their reply and all other materials on record and thereafter pass an order in terms of Sub- Section (3) of Section 26 of the Benami Property Act.
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