BEFORE THE HON’BLE APPELLATE TRIBUNAL, UNDER PREVENTION

OF MONEY LAUNDERING, MINISTRY OF FINANCE, DEPARTMENT OF

REVENUE, 4TH FLOOR, LOKNAYAK BHAWAN, KHAN MARKET, NEW
DELHI

APPEAL NO. __________ OF 2023

IN THE MATTER OF:

SCRUM UTKARSH CGHS LTD. …APPELLANTS
VERSUS
JOINT DIRECTOR,
DIRECTORATE OF ENFORCEMENT,
MUMBAI …RESPONDENT

APPLICATION FOR CONDONATION OF DELAY UNDER SECTION UNDER

SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

Most Respectfully Showeth:

1. That the Appellant is filing the Appeal for Modification of the Order before
the Hon'ble Appellate Tribunal (PMLA Act, 2002) and thus the facts and
circumstances of the aforesaid case have not been repeated herein for sake of
brevity. However, the appellant craves leave of this Hon'ble Tribunal to refer
and rely upon the Appeal against the Provisional Attachment Order and its
consequential confirmation in OC 190 vide Order dated 15.07.2013.

2. That apparently the appeal is delayed by nearly 1300 days from the date of
the order of Adjudicating Authority, that is 15.7.2013.

3. It is submitted that the aforesaid order, for the first time case in the
knowledge of the applicant, only when the same was filed by the respondent,
along with its Say, in the Criminal Writ Petition No. 4614 of 2015 on
11.03.2016.

4. That it is for the first time, the applicant came to know about the said order,
in the midst of proceedings before another forum, the time spent therein, is
also liable to be excluded from the period of limitation.

5. That the applicant withdrew the said Criminal Writ Petition No. 4614 of
2015, vide order dated 19.10.2016. That the period of limitation would start
running from 45 days from 19.10.2016.
 6. That the period of limitation would start running from 45 days from
19.19.2016

7. That therefore the present appeal is delayed by nearly 110 days, which is
most humbly prayed that be condoned for the reasons that, the applicant
approached, the advocate, who thereafter demanded the copy of the civil
suit, which was applied on 3.3.2017 and after the same applicant gave it to
the counsel.

8. That thereafter, the appeal was prepared and the filed on 27.3.2017.

9. That the delay is neither intention nor deliberate.

10.That the interest of justice demands that the delay may graciously be
condoned, in the peculiar facts and circumstances of the case.

11.That the balance of convenience lies in the favour of the applicant and the
respondent would not be at any loss whatsoever.

12.It is also pointed out that the condonation would be in the interest of justice
and the families who are either living in the demised premises and also those
who are awaiting registration of the flats purchased by their life's hard
earned savings.

PRAYER

It is therefore most respectfully submitted that this Hon'ble Court would be pleased
to pass following order(s):

1. An order whereby condoning the delay of nearly 110 days and allow the
application.
S
2. The Tribunal would also be pleased to pass any other order in favour of the
applicant and against the respondent, in the interest of justice and in peculiar facts
and circumstances of the case.

For this act of kindness the appellant as is duty bound shall forever pray.

Appellant

THROUGH COUNSEL
 AAKRITI MATHUR

ADVOCATE FOR THE APPELLANT

134 B, POCKET C, EXPRESSVIEW APPTS

SECTOR 105 NOIDA

MOBILE NO: 9910410974

EMAIL: aakritimathur14@gmail.com

FILED ON 26.05.2023

NEW DELHI