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TMI Blog2019 (9) TMI 1634X X X X Extracts X X X X X X X X Extracts X X X X ..... parties against the common order passed by the Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act at New Delhi,(hereinafter referred to as “the Appellate Tribunal), they have been taken up together and disposed of by way of common judgment. 2. For the sake of brevity, the appellant in CMA Nos.2904, 2912, 2917, 2918, 2930, 2932 and 2938 of 2019 is taken as such and therefore, the appellants in CMA.Nos.3336 to 3342 of 2019, who are the respondents in the earlier appeals, are hereinafter referred to as respondents. 3. All these appeals, as stated, arise out of the common order passed. The respondent in all these cases preferred appeals to the Appellate Tribunal being aggrieved over the order dated 29.12.2016 passed by the Adjudi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be released forthwith. 57. In the light of above, all the appeals filed by the Appellants are allowed and the impugned order dated 29.12.2016 is set aside qua against the Appellants so as the provisional attachment order. All MP's are also disposed of."” 4. The learned Additional Solicitor General of India appearing for the appellant would contend that the Appellate Tribunal had committed an error in not appreciating the various factors, particularly, in the light of the onus that is fixed on the private respondents and that the valuation of the property sought to be attached is much higher. 5. Per contra, the learned counsel appearing for the respondents would submit that the Appellate Tribunal has committed a factual error ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owing is agreed upon. (i)The respondents shall not alienate or encumber the property sought to be attached; (ii)The respondents are at liberty to use the property as a pathway; (iii)Any road is to be laid by them would be at their own cost, for which, no equity can be claimed; (iv)Any temporary shed put up by them also shall be at their own costs. 9. All these arrangements are subject to the result of the adjudication in S.C.No.74 of 2017 by the Special Court, Chennai. The respondents shall pay a sum of Rs. 2 lakhs (Rupees two lakhs only) without prejudice to the contentions in the pending case. These arrangements also subject to the result in S.C.No.74 of 2017 on the file of the Special Court, Chennai. 10. It is made clear that a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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