The timely provision of orders under the Prevention of Money Laundering Act is critical to safeguarding the right to appeal, which should not be undermined by premature possession of property.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.

2. The Petitioner has approached this Court by way of the present writ petition seeking two primary reliefs. Firstly, 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 submission, that the time period for filing of an appeal should be provided in accordance with law before possession of the property can be taken by the Respondent:

a) Arun Kumar Saha & Anr. v. UOI & Anr., [W.P. (Crl.) 1207/2020, decided on 5th March, 2020] passed by the Bombay High Court

b) B. Kamalam v. The Joint Director, Directorate of Enforcement & Anr., [W.P.(C) 27451/2014, decided on 15th October, 2014] passed by the Madras High Court

4. Mr. Amit Mahajan, ld. counsel appearing for the Respondents submits that under Section 8 (4) of the PMLA, once the provisional order of attachment is confirmed, the authorised Officer can take possession of the property forthwith. As per Rule 5(2) of the Prevention of Money Laundering (Taking Possession of Attached or Frozen Properties confirmed by the Adjudicating Authority) Rules, 2013, only ten days' notice is liable to be given before possession of the immovable property is taken by the Authorised Officer. Rule 5(2) of the Rules reads as under:

"5. Manner of taking possession of immovable property.-

....

(2) Where the immovable property confirmed by the Adjudicating Authority is in the form of a land, building, house, flat, etc., and is occupied by the owner, the authorized officer shall issue a notice of eviction of ten days so as to prevent the person from enjoying such property and after issuing of such notice if the premises is not vacated within the stipulated time, such occupant shall be evicted and the possession shall be 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