Disposed

FPA-PMLA-1531/DLI/2016 of M/s Kamakhya Forex Pvt. Ltd. v/s The Joint Director Directorate of Enforcement, Delhi

ATFP13 Dec 2016FPA-PMLA-1531/DLI/2016

Case brief

AI extract

What is this about?

This interim order of the Appellate Tribunal on PMLA listed an appeal and an interim application seeking stay on the possession of two vehicles. The court granted a stay subject to the deposit of 20% of the vehicles' total value.

What did the court decide?

Stay on the operation of the notice for taking possession of two vehicles, subject to the appellant depositing Rs. 3,82,540 (20% of total value) as FDR.

FPA-PMLA-1531/DLI/2016 of M/s Kamakhya Forex Pvt. Ltd. v/s The… — Money Laundering | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2869/DLI/2016 (Stay) In FPA-PMLA-1531/DLI/2016

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M/s Kamakhya Forex Pvt. Ltd. … Appellant/Applicant Versus The Joint Director Directorate of Enforcement, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	:	Ms. Sangita Bhayana, Advocate
For the respondent	:	Shri Shaijan C. George, Advocate
CORAM
JUSTICE MANMOHAN SINGH	:	CHAIRMAN
SHRI G.C. MISHRA	:	MEMBER
SHRI B.K. BANSAL	:	MEMBER

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ORDER 13.12.2016

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FPA-PMLA-1531/DLI/2016

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The appellant has filed the appeal under Section 26 of the PMLA 2002 against the order dated 27^th October, 2016 passed by the Adjudicating Authority. Issue notice to the respondent. The learned counsel for the respondent accepts the notice who seeks time to file the reply. Let the 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.

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List the appeal for hearing on 15^th February, 2017.

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As far as the interim application is concerned, after passing the

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impugned, the respondent has issued the notice to the appellant for

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FPA-PMLA-1531/DLI/2016

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Page 1 of 3

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taking the possession of two vehicles. The learned counsel for the appellant states that the appellant is prepared to deposit 20 per cent amount of the total value of the two vehicles subject to above the operation of the notice issued by the respondent for taking the possession be stayed. The learned counsel for the appellant has provided the detail of the vehicles as well as the total value of the same as under:

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I. Registered number of vehicle: DL-10-CE-2105

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II. Make: Toyota

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III. Model: Fortuner

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IV. Chassis No. MBJ11JV6104003390

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V. Engine No. 1KDU035674

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VI. Total IDV- 1188000

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I. Registered number of vehicle: DL-10-CC-4225

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II. Make: Volkswagen

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III. Model: Polo GT IV. Chassis No. MEXD15604FT090447

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V. Engine No. CBZJ58315

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VI. Total IDV- 724700

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Ms. Bhawna, Director of the appellant company undertakes on her own as well as on behalf of the company and other Directors that till further order, they shall not dispose of transfer or third party interest on the two vehicles directly or indirectly in any manner whatsoever. The said arrangement as suggested is agreeable to the learned counsel for the respondent at this stage. Accordingly, the twenty per cent of the value of

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FPA-PMLA-1531/DLI/2016

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the said two vehicles i.e. of Rs. 3,82,540/- be deposited by the appellant by 31^st December, 2016 by way of FDR with the respondent subject to which the operation of the notice of possession shall be stayed. In case, the said order is not complied with, the respondent would be entitled to take the possession of the two vehicles. The said order is being passed without prejudice to the contest the matter on merit. Both the parties to file the written synopsis on or before the next date of hearing.

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List the appeal as well as interim application be listed on 15^th February, 2017.

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

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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(B.K. Bansal) Member

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New Delhi,

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13^th December, 2016

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‘A’

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FPA-PMLA-1531/DLI/2016

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FPA-PMLA-1531/DLI/2016 of M/s Kamakhya Forex Pvt. Ltd. v/s The Joint Director Directorate of Enforcement, Delhi

Case brief

What is this about?

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FPA-PMLA-1531/DLI/2016 of M/s Kamakhya Forex Pvt. Ltd. v/s The Joint Director Directorate of Enforcement, Delhi

Case brief

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