TMI Blog2022 (5) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... and going through the pleadings in the application, impugned orders as well as other relevant documents, it is evident that attachment/confiscation order has already been stayed by the Tribunal vide order dated 04.12.2019, but in the complaint, this fact is not disclosed. Rather, emphasis has been made that the property of the applicant is already adjudicated and confiscation order was already rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Special Counsel appearing for the respondent, which after having perused, returned to him. This application has been filed seeking quashing of the complaint filed under Section 53 read with Section 3 of the Prohibition of Benami Property Transactions Act, 1988 as well as summoning order dated 02.07.2021 passed by Additional Sessions Judge, Court No. IX, Lucknow in Complaint Case No. 359 of 2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the aforesaid proceedings were challenged by the applicant as well as Rekha Devi before the Appellate Tribunal for Prohibition of Benami Property Transactions Act at New Delhi (for short the 'Tribunal), which was registered as FPA-PBPT-432/LKW/2019 along with the stay application bearing No. MP-PBPT- 335/LKW/2019. It is also submitted that after hearing the parties, the Tribunal vide ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. It is lastly submitted that till conclusion of the proceedings pending before the Tribunal, the impugned proceedings may be kept in abeyance. On the other hand, Shri Manish Misra, learned Special counsel appearing for the respondent vehemently opposes the prayer of the applicant and submits that the applicant may appear before the court below and apprise all these facts at the appropriate st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder was already remanded by the competent authority. The matter requires consideration. Respondent may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. List in the 3rd week of July, 2022. Till the next date of listing, impugned proceedings shall remain stayed. However, it is open to the parties to move appropriate appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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