RAMA RANI HOTA Vs. SH. PRASANNA KUMAR HOTA

JUDGEMENT

(1.) This appeal has been filed under Sec. 49 of the Prohibition of Benami Property Transactions Act, 1988 (PBPT Act), challenging the order dtd. 12/9/2025 passed by the learned Appellate Tribunal under SAFEMA at New Delhi (hereinafter referred to as the "Tribunal") in MP-PBPT-2784/CHD/2025 in FPA-PBPT- 1190/CHD/2020 titled Sh. Prasanna Kumar Hota v. The Initiating Officer, BPU, Chandigarh, whereby the application for intervention filed by the appellant herein, being MP-PBPT-2784/CHD/2025, was dismissed by the learned Tribunal with the following observations:

(2.) Briefly stated, it is the case of the appellant that FPA-PBPT- 1190/CHD/2020 was filed before the learned Tribunal by the respondent no.1 herein, challenging the order dtd. 11/5/2020 passed by the Adjudicating Authority under Sec. 26(3) of the PBPT Act as amended by the Benami Transactions (Prohibition) Amendment Act, 2016 (Amendment Act).

(3.) Since the alleged benami transactions pertained to a period prior to the date of enforcement of the Amendment Act, the learned Tribunal, vide order dtd. 15/12/2022, allowed the said appeal and set aside the order passed by the Adjudicating Authority in terms of the judgement of the Supreme Court in Union of India & Anr. v. Ganpati Dealcom Pvt. Ltd., 2022 SCC Online SC 1064.