Disposed

FPA-PMLA-1379/GOA/2016 of Mukesh Gupta v/s The Joint Director Directorate of Enforcement, Goa

ATFP6 Dec 2016FPA-PMLA-1379/GOA/2016

Case brief

AI extract

What is this about?

The Appellate Tribunal listed the main appeal and stay application for the next hearing. It directed the appellant to deposit occupation charges of Rs. 10,000 until the decision is final, maintaining status quo regarding the ground floor of the property.

What did the court decide?

Status quo maintained on ground floor; appellant directed to deposit Rs. 10,000 as occupation charges from 1st December 2016.

FPA-PMLA-1379/GOA/2016 of Mukesh Gupta v/s The Joint Director… — Money Laundering | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2931/GOA/2016 (U.H.) MP-PMLA-2740/GOA/2016 (Stay) FPA-PMLA-1379/GOA/2016

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Mukesh Gupta … Appellant/ Applicant Versus The Joint Director Directorate of Enforcement, GOA … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	:	Shri Vijay Agarwal, Advocate Shri Rohan Gupta, Advocate
For the respondent	:	Shri Neeraj Atri, Advocate
CORAM
JUSTICE MANMOHAN SINGH	:	CHAIRMAN
SHRI G.C. MISHRA	:	MEMBER

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ORDER

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06.12.2016

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MP-PMLA-2931/GOA/2016 (U.H.), MP-PMLA-2740/GOA/2016 (Stay) & FPA-PMLA-1379/GOA/2016

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The main appeal and stay application are listed for 10^th March, 2017. The miscellaneous application has been filed on behalf of the appellant Sh. Mukesh Gupta for stay of notices dated 28^th November, 2010 issued by the Directorate of Enforcement directed the appellant to vacate the attached property within 10 days from the date of the receipt. It is clarified the learned counsel for the appellant confirmed to us that three notices have been issued for vacating the property. The appellant at the time of hearing is restricting his prayer for the ground floor, first floor and third floor Devashraya Apartment, House No. 28, Bearing City Survey No.1197, Sheet No. 58 A, Circle no. 27/19, Mouza Lendra, Dhantoli, Nagpur. However, when the notices are examine, particularly the notice issued to the appellant which is available at 22 of this application the same is only in respect of ground floor of the property.

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FPA-PMLA-1379/GOA/2016

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Page 1 of 3

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The counsel has also clarified that other property the appellant is not seeking interim order at this stage. Issue notice to the counsel for the respondent. The learned counsel for the respondent accepts the notice and seeks time to file the reply. Let the same be filed within six weeks. Rejoinder be filed on or before the next date of hearing.

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We have heard the learned counsels for both the parties and having also gone through the contents of the application. The counsel for the appellant himself has offered that without prejudice the appellant shall deposit a sum of Rs. 10,000/- as occupation charges w.e.f. from 1^st December, 2016 till the application is finally decided. The learned counsel for the respondent submits that the department will verify the position in the market and in case the occupation charges would be more than 10,000/- he will inform to Tribunal. The first deposit of the occupation charges in respect of the ground floor of the property shall be made by the appellant on or before the 20^th December, 2016 for the month of December. Thereafter, the appellant shall keep on depositing the same positively by 7^th of each subsequent month till further orders the court unless the said order is varied or modif i ed.

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The learned counsel for the appellant submits that as far as the prayer pertaining to 1^st floor and 3^rd Floor are concerned, he is not pressing annexure-I as the said property is the name of his wife who has not filed any application in this respect despite of having received the notice under Section 8(4) from the respondent at this stage. If it is necessary his wife files the application. Restricting to ground floor of the property mentioned above is concerned, both parties till the next date shall maintain ‘status quo’ . The appellant shall not dispose off or create third party interest in the said floor of the property.

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List on 10^th March, 2017.

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FPA-PMLA-1379/GOA/2016

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Page 2 of 3

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Copy of the order be given “ dasti ” to both the parties.

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(Justice Manmohan Singh) Chairman

(G.C. Mishra)

Member

New Delhi,

6^th December, 2016

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„K‟

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FPA-PMLA-1379/GOA/2016

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Page 3 of 3

FPA-PMLA-1379/GOA/2016 of Mukesh Gupta v/s The Joint Director Directorate of Enforcement, Goa

Case brief

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FPA-PMLA-1379/GOA/2016 of Mukesh Gupta v/s The Joint Director Directorate of Enforcement, Goa

Case brief

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