Disposed

FPA-PMLA-1430/KOL/2016 of Iltush Ahammed v/s The Joint Director Directorate of Enforcement, Kolkata

ATFP28 Oct 2016FPA-PMLA-1430/KOL/2016

Case brief

AI extract

What is this about?

The Tribunal took up an appeal regarding attached property instead of granting adjournment. It ordered parties to maintain status quo and directed them to file replies and rejoinders by specified deadlines.

What did the court decide?

Status quo maintained on attached property; restraint imposed on creating third party rights or alienating property; appeal taken up for hearing.

FPA-PMLA-1430/KOL/2016 of Iltush Ahammed v/s The Joint Director… — Property and Title | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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FPA-PMLA-1430/KOL/2016

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Iltush Ahammed

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… Appellant/Applicant

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Versus The Joint Director Directorate of Enforcement, Kolkata

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Apurba Kumar Ghosh, Advocate
For the respondent	: Shri S.A. Saud, Advocate on behalf of Shri Vikas Garg, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

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ORDER 28.10.2016

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FPA-PMLA-1430/KOL/2016

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Shri S.A. Saud, learned counsel appearing on behalf of Shri Vikas Garg, learned counsel for the respondent seeks an adjournment on the reasons that the main counsel is busy in another court.

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The appellant has filed an appeal under section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 30^th June, 2016 passed by Adjudicating Authority in O.C. No. 320/2014. The same was filed in August, 2016. The Counsel for the appellant has filed the supplementary affidavit wherein it shows that notice dated 25^th October, 2016 was served to the complainant. In view of the same the counsel for the appellant is pressing for maintaining the status quo in respect of the attached property. The counsel for the respondent is unaware about the facts as to whether the possession of the attached property has been taken or not.

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FPA-PMLA-1430/KOL/2016

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Page 1 of 2

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Normally, we would have adjourned the matter but considering the facts and notice dated 25^th October, 2016 received by the appellant, the time specified therein would expire by the next date, therefore, the appeal was taken up by this Tribunal. Reply be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

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Both the parties shall maintain the status quo with regard to the title and possession of the attached property and the specific order is also passed restraining appellant not to create any third party right, alienate or part with the attached property till the next date of hearing.

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List on 3^rd March, 2017.

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Copy of the order be provided ‘ dasti’ to both sides.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

(B.K. Bansal)

Member

New Delhi,

28^th October, 2016

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‘d’

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FPA-PMLA-1430/KOL/2016

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Page 2 of 2

FPA-PMLA-1430/KOL/2016 of Iltush Ahammed v/s The Joint Director Directorate of Enforcement, Kolkata

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1430/KOL/2016 of Iltush Ahammed v/s The Joint Director Directorate of Enforcement, Kolkata

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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