Partly allowed

FPA-PMLA-1441/KOL/2016 of Positiv Radio Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Kolkata

ATFP19 Oct 2016FPA-PMLA-1441/KOL/2016

Case brief

AI extract

What is this about?

The Appellate Tribunal disposed of an application for condonation of delay in filing an appeal under PMLA, allowing the 54-day delay based on medical proof. It also listed the substantive appeal for hearing on a future date without deciding it on merits.

What did the court decide?

Application for condonation of 54 days delay allowed; substantive appeal listed for hearing.

FPA-PMLA-1441/KOL/2016 of Positiv Radio Pvt. Ltd. v/s The Deputy… — Money Laundering | ATFP (2016)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

MP-PMLA-2729/KOL/2016 (COD) &

¶3

FPA-PMLA-1441/KOL/2016

¶4

Positiv Radio Pvt. Ltd. … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Kolkata … Respondent

¶5

… Respondent

¶6

Advocates/Authorized Representatives who appeared

¶7

For the appellant : Shri Rajat Bhardwaj, Advocate For the respondent : Shri S.A. Saud, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER SHRI B.K. BANSAL : MEMBER

¶8

ORDER 19.10.2016

¶9

MP-PMLA-2729/KOL/2016 (COD)

¶10

This is an application filed by the applicant for condonation of delay of 54 days in filing the appeal. The application is supported by medical documents in relation to the averments made in the para no. 2 to 8 of the application. The learned counsel appearing on behalf of the respondent states that there is no doubt that the application is supported by the medical documents. He submits that the application be decided by the Tribunal. Reading the averments made in para no. 2 to 8 in a meaningful manner, it is noticed that there is sufficient cause explaining the delay in filing the present appeal. In these circumstances, the prayer made in the application is allowed and delay of 54 days in filing the appeal is condoned. The application is disposed of.

¶11

FPA-PMLA-1441/KOL/2016

¶12

Page 1 of 2

¶13

FPA-PMLA-1441/KOL/2016

¶14

The appellant has filed this appeal under section 26 of PMLA, 2002 against the order dated 9^th May, 2016 passed by the Adjudicating Authority in O.C. NO. 545/2016. The counsel for the appellant submits that neither new ground has been taken in the appeal nor additional documents have been filed, in view of above, counsel for respondent says that the reply is not necessary.

¶15

List the appeal on 15^th February, 2017.

¶16

(Justice Manmohan Singh) Chairman

¶17

(G.C. Mishra) Member

(B.K. Bansal)

Member

New Delhi,

19^th October, 2016

¶22

‘d’

¶23

FPA-PMLA-1441/KOL/2016

¶24

Page 2 of 2

FPA-PMLA-1441/KOL/2016 of Positiv Radio Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Kolkata

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1441/KOL/2016 of Positiv Radio Pvt. Ltd. v/s The Deputy 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

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases