TaxTMI 
TaxTMI 
2021 (1) TMI 630
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....stly, that a copy of order dated 1st January, 2021 passed under Section 8(3) of the Prevention of Money Laundering Act, 2002 (hereinafter 'PMLA') be supplied to the Petitioner. Secondly, that the same may not be given effect to for a period of at least 45 days in order to enable the Petitioner to approach the Appellate Tribunal under Section 26 of the PMLA. 3. Mr. Siddharth Aggarwal, ld. counsel appearing for the Petitioner submits that it is unfortunate that the authority did not supply a copy of order dated 1st January, 2021, despite repeated requests and now, physical possession of the property, being 40, Amrita Shergill Marg, New Delhi - 110003, is sought to be taken. He relies upon the following two judgements in support of his submis....
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.... taken by seeking the assistance of the local Authorities in terms of section 54 of the Act;" 5. Heard. The reliefs sought in this petition are as under: "In light of the aforementioned facts and circumstances, it is most humbly prayed that this Hon'ble Court may be pleased to: A. Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction quashing/setting aside Order believed to be dated 01.01.2021 under Section 8(3) PMLA in OC 1329/2020, or in the alternative B. Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction to Respondent No. 3 directing it to forthwith supply a certified copy of all record of proceedings/Orders in OC 1329....
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..... Mahajan, ld. counsel submits that he does not have instructions from the authority as to when the order was made available. It is, however, relevant to note here that the order was available to the department concerned, which is evident from the eviction notice under Section 8(4) of the PMLA issued to the Petitioner via email addressed by the Assistant Director (PMLA) ED, Mumbai Zonal Office-I, Mumbai on 7th January, 2021. 7. A perusal of the Adjudicating Authority's order dated 1st January, 2021 shows that the same records as under: "CONCLUSIONS: I have carefully considered the written replies filed by the Defendants to the Notice to show cause. I have also considered the rejoinders filed by the Complainant to the written replies. I....
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....eady, shall forthwith be delivered to the parties or the representatives of the parties present under their signatures and in that case, it shall not be necessary to send again the copy of the order to the parties present." 9. As per the order of the Adjudicating Authority the order was passed in open court. If so the same ought to have been served on the Petitioner forthwith, in terms of Regulation 27, which evidently did not happen. Mr. Aggarwal, ld. counsel submits that a physical copy of the order was delivered to the erstwhile address of the Petitioner on 7th January, 2021, of which his client acquired knowledge on 9th January, 2021. He also submits that the copy of the order was e-mailed as of this morning as well. The order is confi....
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....of the period of limitation. 5. Hence, the writ petition is disposed of to the following effect: (i) The petitioner shall file the statutory appeal within the period of limitation before the Appellate Tribunal, along with an application for stay; (ii) The petitioner is granted time upto 31.12.2014 to get some orders of protection from the Appellate Tribunal; (iii) If the petitioner is unable to get any protective order from the Tribunal on or before 31.12.2014, it will be open to the first respondent to proceed with the impugned notice of eviction; and (iv) However, in case there is any difficulty due to reasons not attributable to the petitioner, it is open to the petitioner to come up. No costs. Consequently, the above MP is c....