High Court stays eviction notice under Prevention of Money Laundering Act pending appeal, emphasizes jurisdiction and due process. The High Court stayed the operation of an Impugned Notice of Eviction issued under the Prevention of Money Laundering Act, 2002, until the next hearing ...
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High Court stays eviction notice under Prevention of Money Laundering Act pending appeal, emphasizes jurisdiction and due process.
The High Court stayed the operation of an Impugned Notice of Eviction issued under the Prevention of Money Laundering Act, 2002, until the next hearing date. The Court granted time for the Respondent to ascertain the availability of the Appellate Tribunal, emphasizing the need for proper jurisdiction and due process in the case. The Petitioner's appeal and the jurisdiction of the Respondent in issuing the notice were key points of contention, leading to the temporary stay of the eviction notice for further consideration.
Issues: Challenge to Impugned Notice of Eviction issued under Prevention of Money Laundering Act, 2002.
Analysis: 1. The Petitioner challenged an Impugned Notice of Eviction dated 28th of June, 2021, issued by the Assistant Director, Directorate of Enforcement, Srinagar Zonal Office, under sub-section 4 of Section 8 of the Prevention of Money Laundering Act, 2002. The Petitioner, represented by Mr. R. A. Jan, had already filed an appeal before the Appellate Tribunal but was informed of a delay due to unavailability of coram. With the 10-day deadline approaching, the Petitioner approached the High Court for relief. Mr. Jan argued that the Respondent issuing the notice lacked jurisdiction as per the relevant rules.
2. Mr. Tahir Majid Shamsi, representing the Respondents, requested time to ascertain the availability of the Appellate Tribunal. He argued that since the Petitioner had already filed an appeal, approaching the High Court during the pendency of the appeal was not appropriate. The Court granted time to Mr. Shamsi to provide instructions on the matter and scheduled further consideration for July 7, 2021, staying the operation of the eviction notice until then.
3. The Court, in the interest of justice, allowed Mr. Shamsi time to gather instructions on the availability of the Appellate Tribunal before proceeding further. The operation of the eviction notice was stayed until the next hearing date. The Court directed that a copy of the order be provided to the counsels for both parties promptly.
This detailed analysis covers the issues raised in the legal judgment, outlining the arguments presented by both parties and the Court's decision to stay the eviction notice pending further instructions and hearing.
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