An interim order protecting attached property status quo pending next hearing, with directions to prevent alienation, in PMLA proceedings.
Status quo maintained on attached property; appellant directed not to alienate or create third-party interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, UNDER SEFEM(FoP) ACT AT NEW DELHI
MP-PMLA-2828/BNG/2016 (Stay) FPA-PMLA-1486/BNG/2016
Navroze Homi Irani & Anr
… Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Bangalore
… Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Akshat Shrivastava, Advocate |
|---|---|
| For the respondent | : Shri Atul Tripathi, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
| SHRI B.K. BANSAL | : MEMBER |
ORDER 24.10.2016
MP-PMLA-2828/BNG/2016 (Stay) & FPA-PMLA-1486/BNG/2016
The appellant has challenged the impugned order dated 19th August, 2016. Issue notice to the respondent. The learned counsel for the respondent accepts the notice and seeks time to file the reply. Let the 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.
After passing the impugned order dated 19th August, 2016 the respondent has issued a notice dated 2nd September, 2016 for taking possession of the property. The learned counsel for the appellant submits that in case the possession of the property is taken, the appellant will
FPA-PMLA-1486/BNG/2016
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suffer irreparable loss and injury. The counsel for the appellant also request that till the next date of hearing the operation of the notice dated 2nd September, 2016 be kept in abeyance. The learned counsel for the appellant submits that the possession has not been taken by the respondent from the appellant.
After short hearing we are of the view that the appellant is entitled to interim protection.
Both the parties are directed to maintain the status quo till the next date of hearing in respect of attached property. The appellant till further orders shall not create third party interest and not to alienate or sell the same.
List on 17th February, 2017.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
(B.K. Bansal) Member
New Delhi,
24th October, 2016
‘s’
FPA-PMLA-1486/BNG/2016
Page 2 of 2
Navroze Homi Irani & Anr
The Deputy Director Directorate of Enforcement, Bangalore
Justice Manmohan Singh
G.C. Mishra
B.K. Bansal
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
