FPA-PMLA-1113/MUM/2015 of Nilesh J. Thakur v/s The Deputy Director, Directorate of Enforcement, Mumbai

ATFP24 Nov 2016FPA-PMLA-1113/MUM/2015

Case brief

AI extract

What is this about?

The Tribunal adjourned the stay application. It observed that despite notice under section 8(4) of the PMLA, no possession was taken of the attached property. The Tribunal directed parties to maintain status quo regarding title and possession until the next hearing scheduled for February 14, 2017.

What the court decided

AI extract

FPA-PMLA-1113/MUM/2015 of Nilesh J. Thakur v/s The Deputy… — Money Laundering | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2204/MUM/2015 (Stay) FPA-PMLA-1113/MUM/2015

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Nilesh J. Thakur … Appellant/Applicant

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Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Arjun Krishnan, Advocate For the respondent : Shri Neeraj Atri, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER

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ORDER 24.11.2016

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FPA-PMLA-1113/MUM/2015 & MP-PMLA-2204/MUM/2015 (Stay)

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The counter affidavit has been filed by the respondent no. 1. The counsel appearing on behalf of respondent no. 4 to 7 submits that as separate appeals have been filed by them the counter is not necessary on their behalf. The counsel for the appellant seeks time to file the rejoinder. Let the same be filed within four weeks.

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From the record it appears that respondent no. 2 & 3 are not served. The counsel for the respondent no. 2 & 3 are yet to be served. The cousnel for the appellant submits that they shall serve to them by Registered A.D. Post. He further submits that they will take the necessary steps in any case by Registered A.D. Post. Let him do so accordingly for the service of the said respondents.

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FPA-PMLA-1113/MUM/2015

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Page 1 of 2

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No reply to the stay application has been filed by the respondent no. 1 who is the contesting party. The learned counsel for the appellant is pressing for interim stay. The grounds are mentioned in para no. 1, 2 & 3 in the application. A perusal of the impugned order dated 27^th August, 2015 shows that so far the possession has not been taken by the respondent even inspite of earlier notice issued long ago by the respondent no. 1 under section 8(4) of the PMLA. The respondent did not taken any steps to take the possession.

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The learned counsel for the respondent no. 1 that now the process for taking the possession is under way and the same might not be taken. As no possession has been taken by the respondent despite the notice, both the parties shall maintain the status quo in respect of title of the property and possession of the attached properties till the next date of hearing.

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List on 14^th February, 2017.

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(Justice Manmohan Singh) Chairman

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(Anand Kishore) Member

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New Delhi, 24^th November, 2016

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‘d’

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FPA-PMLA-1113/MUM/2015

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FPA-PMLA-1113/MUM/2015 of Nilesh J. Thakur v/s The Deputy Director, Directorate of Enforcement, Mumbai

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FPA-PMLA-1113/MUM/2015 of Nilesh J. Thakur v/s The Deputy Director, Directorate of Enforcement, Mumbai

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