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2026 Supreme(Online)(ATFP) 198

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY
Smt. Meena Tewari v. The Deputy Director Directorate of Enforcement Delhi
MP-PMLA-1874/DLI/2025 Review In FPA-PMLA-1499/DLI/2016



BEFORE RAJESH MALHOTRA, MEMBER, SINGLE BENCH; APPELLATE TRIBUNAL UNDER SAFEMA: AT NEW DELHI.

MP-PMLA-1874/DLI/2025 Review In FPA-PMLA-1499/DLI/2016 Smt. Meena Tewari … Applicant/Appellant Versus The Deputy Director, Directorate of Enforcement, Delhi … Respondent Advocates/Authorized Representatives who appeared For the Appellant : Mr. Lav Dhawan, Adv.

Ms. Aakriti Mathur, Adv.

Mr. Harshal Arora, Adv.

For the Respondent : Mr. N.K. Matta, SPP.

Mr. Aditya Raj Sharma, Adv.

Dated: 25.03.2026 ORDER ON REVIEW APPLICATION The present Application for review and modification is filed under Section 35(2)(1) of the Prevention of Money Laundering Act, 2002 (for short "the Act"), seeking review of the final order dated 19.03.2025 passed by this Tribunal in the above-captioned Appeal (for short "Impugned Order").

2. The present facts of the case are that vide Order dated 19.03.2025, this Tribunal dismissed the Applicant's appeal against the confirmation of Provisional Attachment of his residential property bearing no. 6, Southern Avenue, Maharani Bagh, New Delhi-110065 (for short "Residential Property"). He pointed out that due to an inadvertent omission, this tribunal failed to adjudicate the Applicant's pending Modification Application filed in December, 2024 under Section 35(2)(f) of the Act.

In 2012, the Central Bureau of Investigation (for short "CBI")

registered FIR RC No. BD1/2012/E/0003 against Century Communication Ltd. (for short "CCL")

On 29.03.2016, the Respondent issued Provisional Attachment Order No. 02/2016 under Section 5 of the Act, provisionally attaching various properties of CCL's promoters, including the Residential Property.

The Applicant objected before the Learned Adjudicating Authority (for short "Ld. AA"), but on 22.09.2016 the Ld. AA passed an order confirming the attachment of 6 properties including the Residential Property. On 04.10.2016, the Respondent issued a notice directing the Appellant to handover the possession of the Residential Property, pursuant to the attachment order passed by the Ld. AA.

The Appellant, aggrieved by the said confirmation order dated

22.09.2016, passed by the Ld. AA, filed the Appeal under Section 26 of the Act, challenging the attachment only w.r.t. to the Residential Property, before this Hon'ble Tribunal.

Further, this Tribunal, vide Order dated 21.10.2016, was pleased to direct the Appellant to deposit a sum of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) per month towards market rent with the Respondent ED during the pendency of the appeal. The said order further stayed the dispossession of the Appellant from the Residential Property, subject to strict compliance with the condition of making the aforesaid monthly payments.

Ld. Counsel for the Appellant submitted that the Appellant has duly complied with the order dated 21.10.2016 and has regularly deposited the monthly market rent of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) with the Respondent ED from November 2016 until 05.04.2019. The Appellant has thus faithfully discharged the obligation imposed by this Hon'ble Tribunal.

In December 2024, owing to significant change in circumstances and financial hardship, the Applicant filed a Modification Application under Section 35(2)(1), seeking reduction or exemption of the monthly rent condition imposed by this Tribunal vide Order dated 21.10.2016. The main appeal was listed for final arguments on 20.02.2025. Although, vide Order dated 19.03.2025 the appeal was dismissed, but without any adjudication on the pending Modification Application.

Thereafter, the Applicant preferred an Appeal under Section 42 of the Act bearing no. Misc. Appeal (PMLA) No. 23 of 2025 before the Hon'ble High Court of Delhi, which by Order dated 06.05.2025 noted the Tribunal's inadvertent omission and granted liberty to the Applicant to seek review under Section 35(2)(f) of the PMLA before this Tribunal to decide the Modification Application. The copy of the Order dated 06.05.2025 passed by the Hon'ble High

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