Statutory appeal granted within time limit, eviction delayed for appeal pursuit. Property encumbrance prohibited.

The Court allowed the petitioners to file a statutory appeal under the Prevention of Money Laundering Act within the prescribed 45-day period. The Respondent Authority issued an eviction notice but agreed to delay implementation for 55 days to allow the petitioners to pursue their appeal without creating third-party interests in the properties. The Court directed the petitioners not to encumber the property during this period, with the implementation of the eviction notice dependent on the Appellate Authority's decisions. The case was disposed of with these instructions to uphold justice and legal process integrity.

---

---

Issues:
Challenge to order of provisional attachment, Statutory appeal under Prevention of Money Laundering Act, Time period for appeal, Notice of eviction, Third party interest, Direction regarding implementation of eviction notice, Prohibition on creating third party interest, Disposal of the petition.

Analysis:
The petitioners have challenged the order of provisional attachment dated 16/8/2019, which was confirmed by the adjudicating Authority on 7/2/2020. The confirmation order was extensive, spanning about 289 pages. The petitioners are seeking to file a statutory appeal under section 26 of the Prevention of Money Laundering Act, 2002, which allows a period of 45 days for such appeals. The Respondent Authority promptly issued a notice of eviction for attaching the properties, granting the petitioners 10 days to comply. The petitioners' main request is for time to approach the Appellate Authority to seek appropriate orders.

The Respondent's counsel acknowledged the facts and the 45-day appeal period granted by law but raised concerns about the creation of third-party interests in the subject matter. It was clarified that the 10-day period mentioned in the eviction notice would commence after the 45-day appeal period expires. To address the situation, the Court directed that the eviction notice not be implemented for 55 days from 18/2/2020, the date of service of the confirmation order. The petitioners were instructed not to create third-party interests or encumber the property during this period.

The Court's directive regarding the implementation of the eviction notice was contingent upon the orders that the Appellate Authority may deem appropriate in the exercise of its jurisdiction. The petition was disposed of with these arrangements in place, ensuring that the interests of justice were served while maintaining the integrity of the legal process.

---