2020 (2) TMI 866

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....al and direct the delivery of the possession of the ground floor of the property attached. 2. The said application has been filed, inter-alia, on following legal and factual grounds:- (i) During the pendency of this appeal the Adjudicating Authority passed an order dated 09.10.2019 by way of corrigendum in the order dated 28.06.2019 which is subject matter of challenged before this Tribunal by way of the present appeal. The said order dated 09.10.2019 is illegal as the same has been passed by the Adjudicating Authority after having become funtus officio. The said order dated 09.10.2019 is passed behind the back of the appellant. (ii) The said order is an order of review in disguise of corrigendum which altered the material conditions o....

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....D(AK)/14687 dated 14.01.2020 on the similar legal grounds as has been taken in para no. 2 (i) to (iii) above. 4. The application dated 06.01.2020 was taken up for hearing. The argument on behalf of the appellant was submitted by Learned Sr. Counsel. Shri Mohd. Faraz, the learned counsel for the Respondent had argued on the application for some time and sought one week time to file the reply which was allowed till 03.02.2020 and the parties were directed to maintain 'status quo' in respect to the property in question. 5. The reply to the said application has been filed by the Respondent on 03.02.2020, inter-alia, on following legal and factual grounds:- (i) Pursuant to the order dated 26.08.2019, a corrigendum dated 09.10.2019 was issue....

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....w plea has been raised that there is only one kitchen. The applicant has misled the Tribunal at the time of hearing of the stay application. The appellant be directed to give vacant and peaceful possession of the first floor-1 as well. The application be dismissed with cost. 6. Heard both the parties and perused the pleadings presented in writing. The appellant has taken the legal plea about the incompetence of the Adjudicating Authority in passing the order dated 09.10.2019 by way of corrigendum. The said order dated 09.10.2019 is under challenged before this Tribunal vide FPA-PMLA-3385/DLI/2019 and the same is pending. The legal plea which has been taken in the application has also been taken in that appeal. If the order dated 09.10.2019....