Court Orders Deferral of Eviction Pending Appellate Tribunal Hearing

The Court directed the third respondent to defer further proceedings on the eviction notice until the date of the stay petition hearing before the Appellate Tribunal. The Court disposed of the writ petition, ordering a deferment of eviction proceedings until the hearing of the stay petition before the Appellate Tribunal, without awarding costs.

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Issues:
- Alleged commission of offences under Sections 465, 468 r/w. 471 and 420 IPC
- Order of provisional attachment under Prevention of Money Laundering Act, 2002
- Confirmation of provisional attachment by the Adjudicating Authority
- Appeal against the order of confirmation pending before the Appellate Tribunal
- Impugned notice of eviction issued during pendency of appeal
- Petitioner's health condition and possession of the attached property

Analysis:
1. The case involved allegations of offences under Sections 465, 468 r/w. 471 and 420 IPC, leading to the registration of a case by the Central Crime Branch, Chennai City. Subsequently, the Prevention of Money Laundering Act, 2002 was invoked, resulting in a provisional attachment of assets by the fourth respondent under Section 5(1) of the said Act.

2. The Adjudicating Authority confirmed the provisional attachment after finding that the defendants had committed scheduled offences, generated proceeds of crime, and laundered them. This decision was challenged by the petitioner and his wife through an appeal before the Appellate Tribunal.

3. During the pendency of the appeal, the petitioner received an impugned notice of eviction, prompting the filing of a writ petition challenging the legality of the eviction. The petitioner argued that the fourth respondent should have waited for the appeal's disposal before taking possession of the property.

4. The Senior Counsel for the petitioner highlighted the petitioner's health conditions and the fact that the property was mortgaged with a bank, making alienation or creation of third-party rights impossible. On the other hand, the respondents argued that there was no provision for stay pending appeal under the PMLA Act.

5. The Court acknowledged the statutory right of appeal and the inherent power of the Appellate Authority to grant interim orders to protect the parties' interests during the appeal process. Considering the circumstances, including the petitioner's health issues and the pending appeal, the Court directed the third respondent to defer further proceedings on the eviction notice until the date of the stay petition hearing before the Appellate Tribunal.

6. The Court, without delving into the merits of the petitioner's claim, disposed of the writ petition, ordering a deferment of eviction proceedings until the hearing of the stay petition before the Appellate Tribunal. No costs were awarded, and the connected miscellaneous petition was closed as a result of the judgment.

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