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2021 Supreme(Del) 1322

SANJEEV SACHDEVA
Mars Envirotech Ltd. – Appellant
Versus
Directorate Of Enforcement – Respondent


JUDGMENT

Sanjeev Sachdeva, J. - CM APPL. 47399/2021 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 15015/2021

1. The petitioners assail the possession notice dated 17.09.2021 issued by the respondent.

2. Learned counsel for the petitioners submits that being aggrieved by the impugned order, the petitioners have already preferred a statutory appeal along with an application for stay in February, 2021 before the Appellate Tribunal, PMLA, which is not being taken up for consideration as the Tribunal is presently not functional for want of quorum. He submits that taking benefit of the said fact, the respondents have already issued the impugned possession notice on 17.12.2021 and are threatening to take possession of the premises which form subject matter of the adjudication order dated 14.01.2021. He, therefore, prays that the operation of the impugned order and notice be stayed till the petitioners appeal is taken up for consideration by the Tribunal.

3. Issue notice. Mr. Amit Mahajan, CGSC, accepts notice on behalf of the respondents and is not in a position to dispute the fact that the Appellate Tribunal is presently not functional.

4. In these circumstances, the writ petitio

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