Disposed

FPA-PMLA-1499/DLI/2016 of Meena Tiwari v/s The Deputy Director Directorate of Enforcement, Delhi

ATFP21 Oct 2016FPA-PMLA-1499/DLI/2016

Case brief

AI extract

What is this about?

The Tribunal stayed the notice for taking possession of the appellant's residential house pending the appeal against the attachment order. The appellant was directed to deposit Rs. 2,50,000 monthly as rent and refrain from transferring the property.

What did the court decide?

Stay on the notice dated 4th October 2016 for taking possession of House no. 6 Southern Avenue, Maharani Bagh, with direction to deposit Rs. 2,50,000 monthly as rent.

FPA-PMLA-1499/DLI/2016 of Meena Tiwari v/s The Deputy Director… — Money Laundering | ATFP (2016)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

MP-PMLA-2815/DLI/2016 (E.H.) MP-PMLA-2816/DLI/2016 (Stay) FPA-PMLA-1499/DLI/2016

¶3

Meena Tiwari … Appellant Versus

¶4

The Deputy Director Directorate of Enforcement, Delhi

¶5

… Respondent

¶6

Advocates/Authorized Representatives who appeared

¶7

For the appellant	: Shri Madhav Khurana, Advocate
For the respondent	: Shri N.K. Matta, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

¶8

ORDER 21.10.2016

¶9

FPA-PMLA-1499/DLI/2016

¶10

Issue notice to the respondent. Shri N.K. Matta, learned counsel for the respondent accepts the notice. He seeks time to file the reply to the appeal. Let the same may be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder, if necessary, within four weeks thereafter.

¶11

List the appeal on 23^rd February, 2017.

¶12

MP-PMLA-2816/DLI/2016 (Stay)

¶13

The above mentioned application has been filed for seeking stay of the order dated 29^th September, 2016 passed by the Adjudicating Authority in O.C. No. 588/2016. After filing the appeal the appellant has

¶14

FPA-PMLA-1499/DLI/2016

¶15

Page 1 of 3

¶16

also filed another MP-PMLA-2515/DLI/2016 for early hearing mainly on the ground that after passing the impugned order dated 22^nd September, 2016 by the Adjudicating Authority, a notice dated 4^th October, 2016 for taking the possession of the residential house has been issued which was received by the appellant on 13^th October, 2016. In view of the above said reasons explained in the application the counsel for the appellant is pressing for interim order.

¶17

The facts of the matter are that out of many properties attached by the Adjudicating Authority one of the property i.e. House no. 6 Southern Avenue, Maharani Bagh, New Delhi-110065 which is the residential house of the appellant for which vide notice dated 4^th October, 2016. The respondent intends to take the possession of the residential house. It is submitted on behalf of the appellant that the said house is a residential house of the appellant where she is residing with her family including her ailing sons and two grandsons whom she has to look after. The appellant herself is aged about 63 years and is a senior citizen. The elder son of the appellant suffers from the cirrhosis of the liver and since 2012 has been admitted over 15 times in the Hospital. It is stated on behalf of the appellant that the severity of the condition of the appellant was also verified by the CBI, even otherwise it is an admitted fact that the said property already stands mortgaged with HDFC Bank and hence it cannot be transferred or alienated by the appellant in any manner and the appellant undertakes not to do the same till the disposal of the same.

¶18

We have heard the learned counsel for the respondent also. In view of the averments made in the grounds of appeal and the arguments addressed by the learned counsel for the appellant we are of the view that the appellant has been able to make out a good prima facie case for passing the interim order. In case the interim order is not passed, grave

¶19

FPA-PMLA-1499/DLI/2016

¶20

Page 2 of 3

¶21

prejudice will be caused to the appellant. The appellant is willing to abide any condition imposed by this Tribunal.

¶22

Under these circumstances the operation of the notice dated 4^th October, 2016 for taking the possession of the residential House no. 6 Southern Avenue, Maharani Bagh, New Delhi-110065 shall remain stayed subject to the condition that the appellant shall deposit the sum of Rs. 2,50,000/- every month as market rent with the Adjudicating Authority during the pendency of the appeal. The deposit shall be made on or before 7^th November, 2016 for the month of November, 2016 by the appellant who shall continue to deposit the same amount every month between 1^st to 7^th . The said deposit would be subject to the final outcome of the appeal. The appellant is also directed not to transfer, alienate, create any third party interest, the possession of the attached property during the pendency of the appeal.

¶23

(Justice Manmohan Singh) Chairman

¶24

(G.C. Mishra) Member

¶25

(B.K. Bansal) Member

¶26

New Delhi, 21^st October, 2016.

¶27

‘d’

¶28

FPA-PMLA-1499/DLI/2016

¶29

Page 3 of 3

FPA-PMLA-1499/DLI/2016 of Meena Tiwari v/s The Deputy Director Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1499/DLI/2016 of Meena Tiwari v/s The Deputy Director Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases