The Tribunal dismissed an application for an interim order and granted liberty to the respondent to file a reply against an appeal. The court listed the appeal and an interim application for hearing, allowing time for the filing of reply and rejoinder.
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, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-2856/KOL/2016 (Stay) FPA-PMLA-1515/KOL/2016
SPS Metal Cast & Alloys Limited … Appellant
Versus
The Deputy Director Directorate of Enforcement, Delhi … Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Nitin Sangra, Advocate Ms. Sonia Dube, Advocate |
|---|---|
| For the respondent | : Shri Vikas Garg, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
ORDER
28.11.2016
FPA-PMLA-1515/KOL/2016
The appellant has filed the appeal under Section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 16th September, 2016 passed by the Adjudicating Authority under Section 8 of the Prevention of Money Laundering Act, 2002 in O.C. No. 603/2016. The learned counsel for the respondent accepts the notice who seeks sometime to file the reply. Let the same be filed within four weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.
List this appeal on 2nd February, 2017.
MP-PMLA-2856/KOL/2016 (Stay)
The Counsel for the appellant has pressing for interim order. Issue notice of the application, the learned counsel for the respondent accepts notice and seeks time to file the reply. Reply be filed within four weeks with an advance copy to the learned counsel for the appellant who may file the rejoinder within four weeks thereafter.
FPA-PMLA-1515/KOL/2016
Page 1 of 2
The learned counsel for the respondent submits that the notice under Section 8(4) PMLA 2002 for many accounts has not been issued and unless notice is issued, no further action/steps are likely to be taken. Liberty is granted to the appellant to approach this Tribunal to press interim order if any notice under Section 8(4) PMLA 2002 is issued by the respondent.
List this application on 2nd February, 2017.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 28th November, 2016 ‘A’
FPA-PMLA-1515/KOL/2016
Page 2 of 2
3 issues framed by the court
Whether to entertain the appeal filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the order of Adjudicating Authority.
Whether to grant liberty to the appellant to approach the Tribunal for an interim order if a notice under Section 8(4) of the Act is issued.
Whether to grant liberty for the filing of reply and rejoinder within specified timelines.
3 provisions across 1 enactments
SPS Metal Cast & Alloys Limited
The Deputy Director Directorate of Enforcement, Delhi
Manmohan Singh
G.C. Mishra
As recorded by the court registry
17 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
