Bombay High Court grants temporary relief to Shilpa Shetty and Raj Kundra, stays ED’s eviction notice on their properties.
On Thursday, October 10, 2024, the Enforcement Directorate (ED) informed the Bombay High Court that it would refrain from enforcing the eviction notices served to actress Shilpa Shetty and her husband Raj Kundra until their appeal contesting a property attachment order is reviewed and resolved by an appellate tribunal. On September 27, the ED issued notices to Shetty and her businessman spouse, instructing them to leave their residence in Mumbai’s Juhu area and a farmhouse in Pune as part of an investigation into a money laundering case.
The bench, consisting of Justices Revati Mohite Dere and P.K. Chavan, permitted the couple to submit their application for a stay and stated that no action would be taken regarding the eviction notices until the appellate authority makes a decision on their appeal.
This High Court stay order will remain in place until the appellate authority in Delhi rules on the couple’s challenge to the PMLA tribunal’s order from September 18.
Additionally, the court indicated that if the appellate authority issues an unfavorable ruling against the couple, the enforcement of that decision would be delayed for an additional two weeks.
According to Bar and Bench, during the hearing of the petitions, their lawyer, Prashant Patil, highlighted that under the provisions of the PMLA, once a PAO is confirmed by an adjudicating authority, the affected individuals have 45 days to challenge it at the PMLA Appellate Tribunal in Delhi.
However, he noted that the agency had issued the eviction notice before the 45-day period had expired and, therefore, requested the court to grant a stay on the eviction as a temporary measure.
The court inquired whether a stay on eviction could be granted until the PMLA Appellate Tribunal resolves the petitioner’s request for a stay and whether the petitioner should have approached the Appellate Tribunal first instead of the High Court.
The ED’s special counsel, Satya Prakash, informed the court that he would consult with the agency and provide its position. A division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan scheduled the petitions for a hearing.
During the session, Prakash stated that the ED would refrain from acting on the eviction notices until the Appellate Tribunal addressed the couple’s plea for a stay, leading to the court recording this statement and disposing of the couple’s writ petition.
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