Disposed

FPA-PMLA-1380/GOA/2016 of Seema Gupta v/s The Joint Director Directorate of Enforcement, Goa

ATFP8 Dec 2016FPA-PMLA-1380/GOA/2016

Case brief

AI extract

What is this about?

This order directed the appellant to deposit occupation charges for specific floors of a property subject to a status quo until further orders, clarifying that certain floors were not pressing at that stage.

What did the court decide?

Order passed directing deposit of occupation charges and maintaining status quo on the property.

FPA-PMLA-1380/GOA/2016 of Seema Gupta v/s The Joint Director Directorate of Enforcement, Goa — ATFP (2016) — LawSathi Research

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2942/GOA/2016 (U.H.) MP-PMLA-2743/GOA/2016 (Stay) MP-PMLA-2741/GOA/2016 (Stay) & FPA-PMLA-1380/GOA/2016

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Seema Gupta Versus

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… Appellant/ Applicant

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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 Mudit Jain, Advocate
For the respondent :	Shri Neeraj Atri, Advocate
CORAM
JUSTICE MANMOHAN SINGH : SHRI G.C. MISHRA :	CHAIRMAN MEMBER
SHRI B.K. BANSAL :	MEMBER
ORDER 08.12.201	6

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MP-PMLA-2942/GOA/2016 (U.H.), MP-PMLA-2743/GOA/2016 (Stay) MP-PMLA-2741/GOA/2016 (Stay) & FPA-PMLA-1380/GOA/2016

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On 6^th December, 2016 the following order was passed in the application filed by Shri Mukesh Gupta in 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

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FPA-PMLA-1380/GOA/2016

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Page 1 of 3

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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. 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 modified.

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

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The learned counsels for both the parties submit that in view of the order passed by this Tribunal, the similar relief also be in the present application. Accordingly, it is directed that at this stage the appellant shall deposit sum of Rs. 20,000/- for First Floor Family Unit No. 2 of Devashrya Apartment residence on Nazul Plot bearing city survey no. 1197, Sheet no. 18C, Circle No. 27/19, Mouza Dhantoli, Nagpur and

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FPA-PMLA-1380/GOA/2016

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Page 2 of 3

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Third Floor Family Unit No. 4 (No. 4A & 4B) of Devashrya Apartment, House No. 28 bearing City Survey no. 1197, Sheet No. 58A, Circle No. 27/19, Mouza Dhantoli, Nagpur.

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The said deposit shall be without prejudice and also subject to verification of the market occupation charges by the respondent. In case the occupation charges according to the respondent as per the report are more than Rs. 10,000/- , the difference shall be deposited. The amount fixed by us shall be deposited on or before 20^th December, 2016 for the month of December. Thereafter till further orders or the order is varied or modified the appellant shall keep on depositing the same by the 7^th of each subsequent month.

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List the appeal on 10^th March, 2017.

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Copy of the order be given ‘ dasti’ .

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member (B.K. Bansal) Member

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New Delhi, 8^th December, 2016 ‘R’

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FPA-PMLA-1380/GOA/2016

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Page 3 of 3

FPA-PMLA-1380/GOA/2016 of Seema Gupta v/s The Joint Director Directorate of Enforcement, Goa

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1380/GOA/2016 of Seema Gupta v/s The Joint Director Directorate of Enforcement, Goa

Case brief

What is this about?

What did the court decide?

What the court decided

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