2019 (12) TMI 810

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....KW/2018 (Resto.) FPA-PMLA-166/LKW/2011, MP-PMLA-5008/LKW/2018 (Resto.) FPA-PMLA-327/LKW/2012, MP-PMLA-5010/LKW/2018 (Resto.) FPA-PMLA-328/LKW/2012, MP-PMLA-4978/PTN/2018 (Resto.) FPA-PMLA-844/PTN/2015, MP-PMLA-4988/PTN/2018 (Resto.) FPA-PMLA-845/PTN/2015, MP-PMLA-4990/PTN/2018 (Resto.) FPA-PMLA-846/PTN/2015, MP-PMLA-4992/PTN/2018 (Resto.) FPA-PMLA-847/PTN/2015, MP-PMLA-4994/PTN/2018 (Resto.) FPA-PMLA-848/PTN/2015, MP-PMLA-4996/PTN/2018 (Resto.) FPA-PMLA-849/PTN/2015 Smt. Ananya Ray : Member For the Appellants : Mr. Abhay Pandey, Mr. Prabhakar Mani Tripathi And Mr. Pradeep Singh, Advocates For the Respondent : Mr. Nitesh Rana, Advocate JUDGMENT 1. The restoration applications (ROA) filed in all the above appeals which was dismissed earl....

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....to be maintained again till the next dated i.e. 22.11.2011. The Tribunal vide its order dated 19.9.2011 had also directed the appellants to not to alienate, transfer, lease or create any third party interest in the attached property. On 22.11.2011, the Tribunal directed the respondent to file paper book within one month and status quo to be maintained in the mean time. Thereafter there has been no order for maintaining the status quo which expiered on 22.12.2011 i.e. one month of the order dated 22.11.2011. (iii) In a related case against the same ECIR, the adjudicating authority while passing the order O.C. no. 348 /2014 dated 3.12.2014 has expressed anguish at the attempt of Sh. Anosh Ekka, one of the appellants in the present case atte....

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.... four occasions almost covering a span of one year, but no one ever appeared. However soon after the case was dismissed for non prosecution on 07.09.2018, it is seen that the appellants filed the Restoration applications on 24.09.2018, within 17 days of the dismissed order. This does point out the intention of the appellants of deliberately not appearing on the previous occasions, so that the matter could get prolonged. 4. The plea of the appellant Sh. Anosh Ekka's counsel that the appellant was in jail does not hold much ground as there are at least 9-10 other appellants as listed above who also did not appear and most of them are related to Sh. Anosh Ekka. Even today Sh. Anosh Ekka is in jail as stated by the counsel for the appellant bu....