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2015 (9) TMI 1252

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....N.Devaraj @ N.Devarajan (petitioner herein), V.J.Vijayakumar, S.Elumalai, S.Ravi, R.Punithavathi, D.Senthil, D.Kalaiselvam, M.Usha, Adam Khan @ Aatham Khan, R.Jayanthi, V.J.Sasikala, R.Usha, N.Hema @ Hemamalini, D.Radha, E.Bhuvana, M.Haridoss, M.Gajalakshmi, H.Vijaya Baskar, the Legal Heris of K.Shanmugam and the Branch Manager of Syndicate Bank, Housing Finance Branch, Mylapore, Chennai, and on the basis of the materials placed before the said Complainant, a reasonable belief was recorded and a Provisional Attachment Order No.13/2014 dated 5.9.2014, came to be passed, attaching the eight immovable properties for a period of 180 days. 3. After adjudication, the Adjudicating Authority, New Delhi, constituted under The Prevention of Money-La....

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....said property, which shall be at the disposal of the Directorate of Enforcement until further orders and therefore, called upon the petitioner herein and other resident of No.43, Village Street, Thiruvottiyur, Chennai 600 019, to hand over possession of the property to him. The petitioner herein, who received the said notice, has filed the present writ petition challenging legality of the same. 6. The learned Counsel appearing for the petitioner, would contend that challenging the order dated 7.1.2015, passed by the Adjudicating Authority, confirming the Provisional Attachment Order, a statutory appeal has been preferred under Section 26 of the Money-Laundering Act before the Appellate Authority constituted under the said Act, and necessar....

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....y the Adjudicating Authority. 10. Be that as it may, the fact remains, challenging the confirmation of Provisional Order of Attachment, the statutory appeal has been preferred by the petitioner and other persons. The impugned notice has been served only on the petitioner and not on any other resident residing in No.43, Village Street, Thiruvottiyur, Chennai 600 019, and even the name of any other resident has not been given in the said notice. 11. Chapter VI of the Money-Laundering Act deals with Appellate Tribunal and Section 26 provides for appeal to such Tribunal. A perusal of the same would disclose that though there is no specific provision for moving an application for stay, in the considered opinion of the Court, the Statutory Appe....