SANJAYKUMAR MANUBHAI SONI Vs. ADJUDICATING AUTHORITY (THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT 1988, MUMBAI

JUDGEMENT

(1.) Mr.Rahul Sharma, learned advocate appearing for the petitioner, submitted that the proceedings under the Prohibition of Benami Property Transactions Act, 1988 (hereinafter referred to as "the Act of 1988" ) have been initiated. Order under Sec. 24(3) of the Act of 1988 was passed on 20/3/2019.

(2.) It is submitted that provisional attachment order under Sec. 24(5) of the Act of 1988 has been passed on 14/6/2019 followed by order under Sec. 24(4) of the Act of 1988. It is submitted that the respondent No.3, has made a reference under Sec. 24(5) to the respondent No.2 requesting for confirmation of the provisional attachment order dtd. 14/6/2019.

(3.) It is next submitted that on 19/10/2020, since the copy of the rejoinder filed by the respondent No.3 was not provided, a request was made and the respondent No.3 undertook to provide the copy to the petitioner and the hearing was fixed on 4/11/2020. It is submitted that till date, no order has been passed. It is further submitted that by virtue of the provisions of sub-Sec. (7) of Sec. 26 the authorities, are not empowered to pass any order inasmuch as, sub-Sec. (7) provides that no order under sub-Sec. (3) shall be passed after the expiry of one year from the end of the month in which the reference of sub-Sec. (5) of Sec. 24 was received.