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Synopsis

The Enforcement Directorate (ED) informed the Bombay High Court on Thursday that it would not act on the eviction notices issued to Actress Shilpa Shetty and her husband, Raj Kundra, in the Prevention of Money Laundering Act (PMLA) case filed against them.

A division bench of the high court, comprising Justice Revati Mohite Dere and Justice PK Chavan was hearing a petition filed by Shilpa Shetty and Raj Kundra in the eviction notices served to them.

The eviction notice was issued following the PMLA Court's order to attach their properties in Mumbai's Juhu area and a farmhouse in Pune. The properties were attached in connection with the alleged Bitcoin scam being investigated by the ED.

The eviction notice issued by the agency on 27th September directed Shilpa Shetty and her husband Raj Kundra to vacate the premises within 10 days.

The counsel appearing for the Enforcement Directorate (ED) submitted before the Bombay High Court that the agency would not act on the eviction notices issued to Shilpa Shetty and Raj Kundra until their appeals are decided by the appellate authority.

The division bench accepted ED's statement and recorded in its order that, in case of an adverse ruling by the tribunal against Shetty and Kundra, the eviction notices would come into effect two weeks after the order. Accordingly, the bench disposed of the petition.

The plea argued that the notice to vacate their residential premises within such a short period is completely uncalled for and not a suitable measure.

The petition further contended that directing the petitioners to vacate the premises without allowing them to exhaust the statutory appeal process would be a travesty of justice.

“The Petitioners state that the appeal provides for 45 days period which is a substantive period for anyone to approach the Appellate Authority which is exclusively available at Delhi. By virtue of the impugned eviction notice, the Respondent No. 1 is essentially trying to cur[1]tail the mandatory period available with the Petitioners to file an appeal to mere 10 days by virtue of the eviction notice. The Petitioners do not want to be on the wrong side of the law by not adhering to the directions of the Respondent No. 1 under the Impugned Notice, but are seeking to safeguard their interests with the direction of this Hon'ble Court,” the plea reads.

Furthermore, the petition argued that a family of six members has been residing at the premises for over two decades, and therefore, relief should be granted on humanitarian grounds.

“The Petitioners are also seeking a relief on humanitarian ground as the premises in question are their residential premises in which they have been staying with their family consisting of 6 members for almost two decades,” the plea states.