TaxTMI 
TaxTMI 
2021 (8) TMI 779
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....Hon'ble Court may graciously be pleased to issue writ, order or any other direction to quash and set aside Impugned Order dated 25.06.2021 passed by Deputy Director, Enforcement Directorate; and b. by appropriate writ, order or direction, the Enforcement Directorate be directed not to interfere in any manner whatsoever, in the completion of project as per Scheme approved by RERA and not to issue any directions to any authority against registration of flats of residential apartment, project namely "Hyde-park" situated at Durgapur, Jaipur; and c. Any other order, relief or direction which this Hon'ble High Court may deem fit and proper be passed in favour of the Petitioner." 2. Learned counsel for petitioners submits that....
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....f the Promoter Respondent facing serious multi-crore money laundering charges and being investigated by the Enforcement Directorate, is terminated; 3. The Promoter Respondent is declared defaulter in terms of Section 7 (4) (a) of the Act and is barred from accessing its website in relation to this project. The Registrar of the Authority is directed to display his photograph on the website as a defaulter and inform other Real Estate Regulatory Authorities in other States about the revocation of registration of this project. 4. The registration of the project bearing Registration No. RAJ/P/2018/604 is extended for a period of one year from the date of the order of such extension subject to the new promoter completing the for....
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....y other taxes, dues or expenses pertaining to the construction; (v) The construction and expenses from the escrow bank account will be monitored by a Project Management Consultant to be approved by this Authority. The progress of construction and the details of the bank account would be submitted to this Authority on a monthly basis before the 10th day of each month (vii) After the completion of the project in all respects, the first charge on the balance amount in the escrow bank account would be that of the Enforcement Directorate, who would be paid their claim as determined in terms of para 69 of this Order. (viii) The Landowners would be able to partake any amount from this escrow bank account only after the s....
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.... and contravention of the obligations cast upon the promoter are due to be imposed on the Promoter Respondent. We deem it fit to defer them in view of the Promoter Respondent being behind the bars and no substantial purpose will be served if penalties are imposed upon the Promoter Respondent in such circumstances 98. The complaint is disposed of in terms of above directions." 4. Learned counsel submits that the said order passed by the RERA has not been challenged in appeal and has attained finality. However, after the aforesaid order having been passed, the Directorate of Enforcement has issued an order on 25.06.2021 of provisional attachment under Section 5(1) of PMLA, 2002. Learned counsel submits that in view of an order passed by th....
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....des all persons claiming or entitled to claim any interest in the property. 7. Thus, a person who is interested relating to any immovable property or is claiming or is entitled to claim any interest in the property would be free to enjoy the said immovable property even if the same is attached. However Section 8(8) of the PMLA, 2002, provides as under:- Section 8 : Adjudication (8) Where a property stands confiscated to the Central Government under sub-section (5), the Special Court, in such manner as may be prescribed, may also direct the Central Government to restore such confiscated property or part thereof of a claimant with a legitimate interest in the property, who may have suffered a quantifiable loss as a res....