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2021 (1) TMI 1326

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....arned counsels are as above. MP-PMLA-8094/SML/2021 (U.A.), MP-PMLA-8096/SML/2021 (U.A.), MP-PMLA-8098/SML/2021 (U.A.) & MP-PMLA-8100/SML/2021 (U.A.) 2. In view of the eviction notices dated 12-1-2021 the appellants/applicants have filed these urgent applications on dated 18-1-2021 for hearing of the miscellaneous applications bearing no(s). MP-PMLA-8095/SML/2021, MP-PMLA-8097/SML/2021, MP-PMLA-8099/SML/2021 & MP-PMLA-8101/SML/2021 in aforesaid appeals respectively. Accordingly, the prayers for urgent hearing are considered and allowed by fixing the cases for today. The urgent applications are accordingly disposed of. MP-PMLA-8095/SML/2021 (Misc.), MP-PMLA-8097/SML/2021 (Misc.), MP-PMLA-8099/SML/2021 (Misc.) & MP-PMLA-8101/SML/2021 ....

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....ounsel for the respondent (ED) submitted that there is no violation of the order and the respondent (ED) has issued the notices dated 12-1-2021 which are in the line of the order passed by this Tribunal on 14-12-2020, so the applications are liable to be dismissed. 8. Heard both sides, perused the applications and also the order passed by this Tribunal on 14-12-2020. On the last date i.e. on 14-12-2020 the respondent (ED) categorically submitted that they have already taken possession of all the properties except the two properties specifically mentioned in the said order. There were certain observations in the order made by this Tribunal. The relevant portion of the order dated 14-12-2020 is reproduced below: 'I have heard ....

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....5(4) of the manner of taking possession of immovable property under the provisions of the Prevention of Money-laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013 ('the Rules'), which is quoted below: "5. Manner of taking possession of immovable property.-(4) Where the immovable property confirmed by the Adjudicating Authority is in the form of a land, building, house, flat, etc., and is given on lease or rent to any third party where the registration is optional in accordance with the provision of section 18 of the Registration Act, 1908, the authorized officer shall proceed to get the premises vacated and the possession shall be taken by seeking the assistance....