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2019 (1) TMI 831

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..... e movable property as per the suggestion of the appellant. The proposal given by the learned counsel with regard to one of the movable properties and other properties is allowed. The said properties are released accordingly subject to the deposit of amount suggested by the appellant with the respondent within a period of eight weeks with the respondent. With regard to immovable property is concerned where the appellant Smt. Rajanti Devi and her family members are residing, the value of the said property as per respondent is ₹ 15,31,729/-. We direct that Smt. Rajanti Devi shall deposit a sum of ₹ 3,000/- (Rupees three thousand only) as use and accommodation charges every month on 7th day of calendar month with the respondent. As far as arrears from the date of impugned order i.e. from July to December, 2018 is concerned, the same shall be deposited by the appellant within eight weeks from today. - MP-PMLA-4722/PTN/2018 (Stay) & FPA-PMLA-2439/PTN/2018, MP-PMLA-4748/PTN/2018 (Stay) & FPA-PMLA-2452/PTN/2018, MP-PMLA-4759/PTN/2018 (Stay) & FPA-PMLA-2453/PTN/2018 And MP-PMLA-4765/PTN/2018 (Stay) & FPA-PMLA-2456/PTN/2018 - - - Dated:- 11-1-2019 - Justice Manmohan Sing .....

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..... rother of SandeepYadav (D-1) v Advance Payments made Revanta Multistate CGHS Limited, Dwarka, New Delhi Category of Flat 1175, 2BHK, Smart Residency ₹ 10,68,400/- against Membership No. SR51196 Gajendra Narayan (D-7) (son in law of Sandeep Yadav (D-2) Total Rs. 50,08,304/- Movable Assets B. Mutual Funds Sl. No. Name of Mutual Fund Investment made by Value as on 31.01.2018 i. Axis Long Term Equity Fund (Folio No. 91014656403) for ₹ 2,00,000/- on 27.01.2015 Rajanti Kumari (D-3) ₹ 2,75,045/- C. Vehicles Sl. No. Type of Vehicles Owner Date/Year of Purchase Value I Honda Motorcycle (CBR 150 RG) BR 26J 6006 Rahul Kumar (D-4) 17.05.2016 .....

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..... - viii HDFC, Gagan Vihar, New Delhi 50100132091399 Gajendra Narayan (D- 7) 92,265/- ix Canara Aurangabad Bank, 3135108005475 Gaurav Kumar (D-5) 1,48,893/- x Bank of Aurangabad India, 459110110004843 Rajanti Kumari (D- 3) 1,03,278/- xi Syndicate Aurangabad Bank, 74162010003285 Rajanti Kumari (D- 3) 159/- xii Axis Aurangabad Bank, 914010049104661 Rajanti Kumari (D- 3) 3,76,648/- Total Rs. 13,24,294/- Total Value of Attachment = A+B+C+D = ₹ 50,08,304/-+Rs. 2,75,045/-+Rs. 19,97,361/-+ ₹ 13,24,294/- = ₹ 86,05,004/- 3. The said order was confirmed by the impugned order dated 6th J .....

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..... 4748/2018 Dhanik Lal Mandal Maruti Brezza No. JH 09AH 9713 10,69,173/- Financed by financial institution 4. It is also submitted by senior counsel appearing on behalf of appellant that as per market value of the movable property, the appellants are ready to deposit with the respondent as the respondent has given its value as per rule. It is also stated by the appellant that as far as immovable property for the relief sought, the same is purchased from the funds of the appellants and not from the accused party i.e. her husband against whom serious allegations are there. The undertakings are given by the appellant not to dispose of the said property till the appeals are finally decided. It is pressed that these properties be restored subject to the same conditions, however, have no objection if attachment may continue. 5. The contentions of the learned counsel for the respondent is that at the time of taking the possession, no one is residing in the said property. The affidavit in this regard has also been filed. It is also stated by the counsel that the husband is facing trial in .....

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..... ant is prepared to deposit the reasonable use and accommodation charges for residing in the said property. 10. The respondent on the date of taking the possession was fully aware that the appeal is coming up for hearing for consideration on 14.8.2018, however, the possession was taken prior to the hearing of the admission of the appeal. The appellant has only come to know about the same on 13.8.2018. 11. As far as movable properties are concerned, the IO and the counsel was unable to provide the details of the valuation of said properties. We are of the view that the value of the same are reasonably offered by the respective appellants no. 2 and 3 as well as Dhanik Lal Mandal, except the value of the movable property as per the suggestion of the appellant. 12. The proposal given by the learned counsel with regard to one of the movable properties and other properties is allowed. The said properties are released accordingly subject to the deposit of amount suggested by the appellant with the respondent within a period of eight weeks with the respondent. 13. With regard to immovable property is concerned where the appellant Smt. Rajanti Devi and her family members are resi .....

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