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2021 (2) TMI 1384

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..... grounds mentioned therein. The same is considered and allowed. Accordingly, the application for urgent hearing is disposed of. FPA-PMLA-3889/JL/2021 3. Fresh appeal has been filed by the appellant under section 26 of the Prevention of Money Laundering Act, 2002 against the impugned order dated 23-12-2020 passed by the Adjudicating Authority. 4. Upon hearing, issue notice to the Respondent. Shri Atul Tripathi, the learned counsel for the Respondent accepts the notice and seeks six weeks time to file the reply to the appeal which is not objected by the learned counsel for the appellant. Let the reply to the appeal be filed within six weeks with an advance copy to be served on the other side who may file the rejoinder within three weeks the .....

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..... of the notice dated 19-1-2021 issued under section 8(4) of the PMLA, 2002. The appellant has made a statement that as on today the physical possession is with the appellant and the Respondent has not displayed/fixed any notice board also. The learned counsel for the appellant has made further statement that no writ petition is pending (filed by the appellant) before the Hon'ble High Court of Punjab & Haryana with regard to present proceedings. 7. On the other hand the learned counsel for the Respondent raised objections for grant of any stay/status quo order. It is contended by him that he could not get time to go through the papers as the same were sent to him yesterday only through e-mail even though the appellant had the knowledge .....

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..... o following conditions:- (i) Attachments shall continue. (ii) The legal and constructive possession of the property in question shall remain with the Enforcement Directorate; (iii) The appellant is prohibited to create any third party right or dispose of the property in question in any manner; (iv) No encumbrance shall be created by the appellant in respect of the said property. (v) The appellant is directed not to change the nature and character of the property. 10. The learned counsel for the Respondent sought seeks six weeks time to file the reply to the stay application, which is not objected. Let the reply to the stay application be filed within six weeks with an advance copy to be served on the other side. 11. The Responde .....

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