Tribunal Orders Status Quo on Disputed Property Acquired Pre-PMLA 2002; Parties to Maintain Current Conditions.

The Tribunal granted an ad-interim order of 'status quo' regarding the disputed property, finding a prima facie case that the property was acquired before the enactment of the PMLA, 2002. Both parties were directed to maintain the status quo, with specific conditions, including the continuation of attachments and prohibition on creating encumbrances. The Respondent was given time to file a reply to the stay application, including rent details, and the matter was scheduled for further hearing on a specified date.

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Issues:
1. Urgent hearing of the appeal application.
2. Fresh appeal filed under the Prevention of Money Laundering Act, 2002.
3. Application for stay of the operation of the impugned order and eviction notice.
4. Prima facie case for granting status quo order regarding the property.

Analysis:

1. The appellant filed an application seeking urgent hearing of the appeal, which was considered and allowed. The application for urgent hearing was disposed of promptly.

2. A fresh appeal was filed by the appellant under section 26 of the Prevention of Money Laundering Act, 2002 against the order passed by the Adjudicating Authority. Notice was issued to the Respondent, who sought time to file a reply to the appeal, with specific timelines provided for filing responses and rejoinders.

3. Along with the appeal, an application for stay of the impugned order and eviction notice was filed by the appellant. The appellant argued that the property in question was acquired before the enactment of the PMLA, 2002, and provided detailed explanations regarding the source of purchase. The appellant also referred to relevant judgments and requested the Respondent not to take possession of the property.

4. After hearing both parties and examining the records, the Tribunal found that the property was purchased before the PMLA, 2002 came into force. A prima facie case was established for granting an ad-interim order of 'status quo' regarding the property until the next hearing. Specific conditions were laid down to maintain the status quo, including the continuation of attachments and prohibition on creating any encumbrances on the property.

5. The Tribunal directed both parties to maintain the status quo, with specific conditions in place. The Respondent was granted time to file a reply to the stay application and was instructed to include details of rent in the response. The matter was listed for further hearing with the consent of both parties on a specified date.

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