Disposed

FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director Directorate of Enforcement, Bangalore

ATFP10 Nov 2016FPA-PMLA-1504/BNG/2016

Case brief

AI extract

What is this about?

This appellate tribunal disposed of a fresh appeal and stay applications regarding the Prevention of Money Laundering Act, referring applicants to a previous order granting stays and setting timelines for filing replies.

What did the court decide?

Procedure fixed for filing replies and rejoinders; parties directed to comply with interim order of 21st October 2016.

FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director… — Money Laundering | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2866/BNG/2016 (stay) MP-PMLA-2867/BNG/2016 (stay) FPA-PMLA-1504/BNG/2016

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Aisha Naheed … Appellant

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Versus

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The Deputy Director Directorate of Enforcement, Bangalore

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… Respondent

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Advocates/Authorized Representatives who appeared

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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

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ORDER

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10.11.2016

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MP-PMLA-2866/BNG/2016 (stay), MP-PMLA-2867/BNG/2016 (stay) & FPA-PMLA-1504/BNG/2016

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The fresh appeal has been filed by the appellant. The learned

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counsels for both the parties have referred to the following order dated

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21^st October, 2016 passed by the Tribunal:

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“ MP-PMLA-2819/BNG/2016 (stay), MP-PMLA2820/BNG/2016 (Misc) & FPA-PMLA-1500/BNG/2016

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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.

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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

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FPA-PMLA-1504/BNG/2016

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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-PMLA2820/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.

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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. Copy of the order be given ‘dasti’ to both the parties. List on 22^nd February, 2017.”

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Notice be issued to the respondent. The 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.

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List on 22^nd February, 2017.

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Interim order passed on 21^st October, 2016 as reproduced above shall apply to this case also.

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A copy of the order be given ‘ dasti’ to both sides.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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‘d’

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FPA-PMLA-1504/BNG/2016

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FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director Directorate of Enforcement, Bangalore

Case brief

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FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director Directorate of Enforcement, Bangalore

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