TMI Blog2020 (2) TMI 1314X X X X Extracts X X X X X X X X Extracts X X X X ..... the ED regarding these offers of the appellants. It is not disputed by the Respondent that these two properties are attached as a value equivalent to the proceeds of crime. That being so and in view of the submission made above during the course of hearing there appears that the appellants have made out a prima facie of issue of ad-interim order of status quo at this stage. Attachments shall continue - Legal and constructive possession of ED shall remain over the properties - the appellant is prohibited from transferring, converting or disposing the property in question in favour of any third party - No encumbrance shall be created by the appellant in respect of the properties. List the stay application for hearing on 1st April, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 are further directed to pay the amount of ₹ 10,000/- each towards the statutory fee within the said one week. The Respondent may file the reply to the appeal within six weeks from the date of receipt of the aforesaid appeal memo with an advance copy to be served on the other side who may file the rejoinder within four weeks thereafter. 4. It is seen that voluminous documents have been filed which includes impugned order containing 381 pages. In this regard, the appellant may not file the copies of the documents separately as these three appellants are real brothers and the relied upon documents are also common in these appeals. It is also submitted by the learned counsel for the appellants that there is no conflict of interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said land is a cultivable land and the person who has taken Batai has grown mustard crop on the said land. It is also contended that, if the Respondent wants to verify the fact or cultivation of mustard crop in this land they may do so and that if the possession of the said cultivable land is taken by the Respondent then there will be irreparable injury. It is further contended by the learned counsel for the appellants that the other property is a residential plot and is a vacant land. 8. Alongwith the appeal an application has been filed by the appellants praying therein that pending final disposal of appeal and as an adinterim measure, subject to rights and contentions of the appellants, the attachment of above immovable properties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel for the Respondent that there is no prima facie case for issue of status quo order and no irreparable injury would be caused if the possession of the properties is allowed to be taken by the Respondent. 12. Heard both sides. So far as the other land is concerned, the same is admittedly a vacant land wherein , as per the submissions of the appellants certain plants have been grown to keep it green and the appellants have offered for substitution of the property in question by way of fixed deposit to the extent of proceeds of crime attributed against these appellants. The learned counsel for the Respondent may take appropriate instructions from the ED regarding these offers of the appellants. It is not disputed by the Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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