Disposed

FPA-PMLA-1456/PTN/2016 of Md. Naushad @ Nasia v/s The Joint Director, Directorate of Enforcement, Patna

ATFP19 Oct 2016FPA-PMLA-1456/PTN/2016

Case brief

AI extract

What is this about?

The Tribunal allowed condonation of a five-day delay in filing an appeal under the PMLA for an appellant in custody. It granted an exemption for filing the certified copy and noted procedural steps regarding an application for stay on property possession.

What did the court decide?

The delay in filing the appeal was allowed; the exemption to file certified copy was granted for ten weeks; stay application was listed.

FPA-PMLA-1456/PTN/2016 of Md. Naushad @ Nasia v/s The Joint… — Money Laundering | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2762/PTN/2016 (Stay) MP-PMLA-2763/PTN/2016 (COD) MP-PMLA-2764/PTN/2016 (Exem.) FPA-PMLA-1456/PTN/2016

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Md. Naushad @ Nasia … Appellant /applicant Versus The Joint Director, Directorate of Enforcement, Patna … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Devendra Kumar, Advocate
For the respondent	: Shri Nitesh Rana, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

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ORDER 19.10.2016

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MP-PMLA-2763/PTN/2016 (COD)

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This is an application filed by the applicant for condonation of delay of five days in filing the appeal. It is stated by the learned counsel for the appellant that the appellant is in judicial custody in Mandal Kara, Munger in a criminal case, he could not engage a lawyer at New Delhi inspite of his best efforts. It was only his brother namely Md. Mahatab Alam who contacted a local counsel of the Civil Court, Munger namely Anand Kumar and gave him appropriate instructions for the purpose of filing the application. In this process, a delay of five days occurred in filing the appeal.

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FPA-PMLA-1456/PTN/2016

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Page 1 of 2

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The learned counsel for the respondent submits that application be decided on merits and leave it to the court. In view of the averments made in the application, the five days delay in filing the appeal is allowed.

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MP-PMLA-2764/PTN/2016 (Exem.)

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The exemption is allowed. The appellant is granted ten weeks time

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to file the certified copy as prayed in the application.

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MP-PMLA-2762/PTN/2016 (Stay)

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This is an application for ex-parte stay. The counsel for the respondent accepts notice. He submits that he would verify from his client as to whether the possession of the property has already been taken or not and even otherwise before taking the possession the Adjudicating Authority has to issue notice. In case the respondent would issue notice as required under the Act, the appellant get an opportunity to defend the same by seeking appropriate remedy.

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List on 17^th March, 2017.

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FPA-PMLA-1456/PTN/2016

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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 30.06.2016 passed by the Adjudicating Authority. The counsel for the respondent seeks time to file the reply. Let the reply be filed by the respondent within eight weeks with an advance copy to the counsel for the appellant who may file the rejoinder within six weeks their after.

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List on 17^th March, 2017.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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(B.K. Bansal) Member

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New Delhi, 19^th October, 2016 ‘d’

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FPA-PMLA-1456/PTN/2016

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Page 2 of 2

FPA-PMLA-1456/PTN/2016 of Md. Naushad @ Nasia v/s The Joint Director, Directorate of Enforcement, Patna

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1456/PTN/2016 of Md. Naushad @ Nasia v/s The Joint Director, Directorate of Enforcement, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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