Partly allowed

FPA-PMLA-1500/BNG/2016 of Sayed Mobin v/s The Deputy Director Directorate of Enforcement, Bangalore

ATFP21 Oct 2016FPA-PMLA-1500/BNG/2016

Case brief

AI extract

What is this about?

The Tribunal allowed a stay application in an appeal filed under section 26 of the PMLA 2002. Liberty was granted to the second appellant to file a separate appeal. The Tribunal directed the respondents to file replies within six weeks and issued an interim order maintaining status quo subject to future directions.

What did the court decide?

Interim stay granted subject to maintaining status quo; liberty granted to second appellant to file separate appeal; respondents allowed six weeks to file replies.

FPA-PMLA-1500/BNG/2016 of Sayed Mobin v/s The Deputy Director… — Money Laundering | ATFP (2016)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

MP-PMLA-2819/BNG/2016 (stay) MP-PMLA-2820/BNG/2016 (Misc) FPA-PMLA-1500/BNG/2016

¶3

Sayed Mobin … Appellant Versus The Deputy Director Directorate of Enforcement, Bangalore … Respondent

¶4

… Respondent

¶5

Advocates/Authorized Representatives who appeared

¶6

For the appellant	: Shri Abdul Azeem Kalebudde, Advocate
For the respondent	: Ms. Shilpi Satyapriya Satyam, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

¶7

ORDER 21.10.2016

¶8

MP-PMLA-2819/BNG/2016 (stay), MP-PMLA-2820/BNG/2016 (Misc) & FPA-PMLA-1500/BNG/2016

¶9

The appeal has been filed by the two appellants namely Syed Mobin and Aisha Naheed under section 26 of the PMLA 2002 against the order dated 22^nd September, 2016 passed in O.C. no. 574/2016.

¶10

The learned counsel for the appellant agreed that in view of the earlier order passed by this Tribunal the present appeal is treated as on behalf of Syed Mobin and Aisha Naheed would be filing separate/independent appeal within four weeks from today. Liberty is sought in this regard. The same is accordingly granted. After passing the impugned order dated 22^nd September, 2016 the respondent has issued

¶11

FPA-PMLA-1500/BNG/2016

¶12

Page 1 of 2

¶13

the notice dated 7^th October, 2016 with regard to the possession of the property in question. The possession has not been taken by the respondent as intimated by the respondent. Let the notice be issued in the main appeal as well as in the stay application. The learned counsel for the respondent accepts the notice and seeks time to file the reply to the appeal as well as replies in the stay application and miscellaneous application within six weeks from today. Let the same may be done as desired within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder in the main appeal and the miscellaneous application. In view of the averments made in the MP-PMLA-2820/BNG/2016 as well as in the ground of appeal the prima facie case is made out for grant of stay. In view of the notice dated 7^th October, 2016 thus the interim order is passed accordingly.

¶14

Interim order is issued subject to the condition that the appellant will also maintain the status quo and shall not part with and dispose of the matter till the next date of hearing.

¶15

Copy of the order be given ‘ dasti’ to both the parties.

¶16

List on 22^nd February, 2017.

¶17

(Justice Manmohan Singh) Chairman

¶18

(G.C. Mishra) Member

¶19

(B.K. Bansal) Member

¶20

New Delhi, 21^st October, 2016.

¶21

‘d’

¶22

FPA-PMLA-1500/BNG/2016

¶23

Page 2 of 2

FPA-PMLA-1500/BNG/2016 of Sayed Mobin v/s The Deputy Director Directorate of Enforcement, Bangalore

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1500/BNG/2016 of Sayed Mobin v/s The Deputy Director Directorate of Enforcement, Bangalore

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