2017 (3) TMI 1107

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....ai City registered a case in Crime No.225 of 2011 against the petitioner and one M.Ravi, S/o.Vinayagam, for the alleged commission of offences under Sections 465, 468 r/w. 471 and 420 IPC. Subsequently, the fourth respondent had invoked the provisions of the Prevention of Money Laundering Act, 2002 [in short PMLA Act ] and an order of provisional attachment of various assets dated 23.03.2015 was passed by the fourth respondent under Section 5(1) of the said Act. The fourth respondent has also filed a original complaint in O.C.No.442/2015 before the second respondent under Section 5(5) of the PMLA Act against the petitioner, his wife and also against the Manager of M/s.Vijaya Bank Limited, Mount Road, Chennai. 3. The second respondent, afte....

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.... the impugned notice of eviction dated 28.02.2017, calling upon the present occupants of immovable property measuring 3600 sq.ft. land with building covered under Survey No.140/Part, 74 located at Amudha Illam , W-547, 6th Street, C-Sector, Anna Nagar West Extension, Chennai-1, registered in the name of the petitioner and his wife and to vacate the said premises within 15 days from the date of receipt of the notice and handover possession. Challenging the legality of the same, the present writ petition is filed. 5. Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the petitioner has invited the attention of this Court to the affidavit filed in support of this writ petition and the typed set of documents and would submit that admitte....

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....n Properties Confirmed by the Adjudicating Authority) Rules, 2013 and would submit that pending disposal of the appeal, there is no provision of staying the operation of the order passed by the second respondent/Adjudicating Authority and though the petition for stay has been entertained by the first respondent/Appellate Tribunal, the petitioner failed to obtain any interim orders and therefore, it is open to the fourth respondent to take possession of the attached assets and prays for dismissal of this writ petition. 7. This Court paid its best attention to the rival submissions and also perused the entire materials placed before it. 8. It is a well settled legal position that the first appeal is a matter of statutory right and though th....