Allowed

FPA-PMLA-137/AHD/2010 of Ms. Hetal Nikunj Modi v/s The Joint Director Directorate of Enforcement, Ahmedabad

ATFP23 Nov 2016FPA-PMLA-137/AHD/2010

Case brief

AI extract

What is this about?

The Appellate Tribunal allowed the appellant's application to restore dismissed appeals to their original position and waive costs, contingent on the respondent's consent regarding pending writ petitions before the High Court of Gujarat for expedited disposal.

What did the court decide?

Application to restore appeals and waive costs allowed subject to party consent for writ petition restoration.

FPA-PMLA-137/AHD/2010 of Ms. Hetal Nikunj Modi v/s… — Civil Procedure and Limitation | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2443/AHD/2016

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FPA-PMLA-137/AHD/2010 Ms. Hetal Nikunj Modi … Appellant/Applicant Versus The Joint Director Directorate of Enforcement, Ahmedabad … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Sumit Shah, Advocate
For the respondent	: Shri Rajeev Awasthi, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI KAUSHAL SRIVASTAVA	: MEMBER
SHRI ANAND KISHORE	: MEMBER

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ORDER

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23.11.2016

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MP-PMLA-2443/AHD/2016 & FPA-PMLA-137/AHD/2010

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By this order we proposed to decide the application being MP-PMLA-2443/AHD/2016 filed by the respondent. The learned counsel for the respondent states that in case the cost imposed, on the last date of Rs. 5,000/- is waived by passing the order in his application, he would not oppose the prayer made in the present application (for recalling of orders for dismissing the appeals due to non-prosecution). He further submits that it is also agreed by the respondent that in other 11 matters

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FPA-PMLA-137/AHD/2010

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Page 1 of 3

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being (FPA-PMLA-146/AHD/2011, FPA-PMLA-147/AHD/2011, FPAPMLA-148/AHD/2011, FPA-PMLA-151/AHD/2011, FPA-PMLA152/AHD/2011, FPA-PMLA-153/AHD/2011, FPA-PMLA-154/AHD/2011, FPA-PMLA-157/AHD/2011, FPA-PMLA-155/AHD/2011, FPA-PMLA269/AHD/2011, FPA-PMLA-562/AHD/2014) where the appeals were dismissed by this Tribunal and the same were challenged by the appellant before the High Court of Gujarat at Gujarat by filing of the writ petitions, the respondent would not object before the Hon’ble High Court if the dismissal order of the 11 appeals be set-aside by restoring the said appeals to the original position. The appellant counsel has agreed for the same. Accordingly with the consent of the parties the prayer made in the application is allowed. The present appeal is restored to the original position.

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The cost imposed against the respondent is also waived. As far as 11 writ petitions pending before the High Court of Gujarat at Gujarat filed by the appellant are concerned for restoration of the 11 appeals details of which are already mentioned, the appellant would make the statement before the High Court of Gujarat at Gujarat in view of order is passed, the respondent counsel agrees to give his consent for restoring of said appeals. If necessary, requisite application would be filed by the appellant before the Hon’ble High Court for disposal of the said writ petitions in view of the order passed by this Tribunal. The said arrangement is agreed by both parties only in order to expediate the hearing of the pending appeals before this Tribunal.

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Accordingly, list the appeal on 21^st March, 2017.

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FPA-PMLA-137/AHD/2010

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Page 2 of 3

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Both the parties would also file the written synopsis within six weeks

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from today.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava) Member

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(Anand Kishore)

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Member

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New Delhi, 23^rd November, 2016

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‘R’

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FPA-PMLA-137/AHD/2010

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Page 3 of 3

FPA-PMLA-137/AHD/2010 of Ms. Hetal Nikunj Modi v/s The Joint Director Directorate of Enforcement, Ahmedabad

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FPA-PMLA-137/AHD/2010 of Ms. Hetal Nikunj Modi v/s The Joint Director Directorate of Enforcement, Ahmedabad

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