Disposed

FPA-PMLA-1532/DLI/2016 of Rajeev Wadhwa v/s The Joint Director Directorate of Enforcement, Delhi

ATFP13 Dec 2016FPA-PMLA-1532/DLI/2016

Case brief

AI extract

What is this about?

The tribunal listed the appeal under Section 26 of the PMLA 2002 for future hearing. It granted the respondent's request for time to file a reply. Orders were made for depositing specified amounts as occupation charges regarding the appellant's motor vehicle and immovable property to maintain status quo.

What did the court decide?

Gap: 4 weeks for respondent reply; Appellant to deposit Rs. 2,79,067 on vehicle and Rs. 20,000 on property by 31.12.2016.

FPA-PMLA-1532/DLI/2016 of Rajeev Wadhwa v/s The Joint Director… — Money Laundering | ATFP (2016)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

MP-PMLA-2939/DLI/2016 (E.H.) In MP-PMLA-2870/DLI/2016 (Stay) FPA-PMLA-1532/DLI/2016

¶3

Rajeev Wadhwa … Appellant/Applicant Versus The Joint Director Directorate of Enforcement, Delhi … Respondent

¶4

… Respondent

¶5

Advocates/Authorized Representatives who appeared

¶6

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

¶7

ORDER 13.12.2016

¶8

MP-PMLA-2939/DLI/2016 (E.H.), In MP-PMLA-2870/DLI/2016 (Stay) & FPA-PMLA-1532/DLI/2016

¶9

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 and seeks time to file the reply. Let the same be filed within four weeks with an advance copy to the learned counsel for the appellant who may file the rejoinder four weeks thereafter. Both the parties will file the written synopsis on or before the next date of hearing.

¶10

As far as the interim application is concerned, after passing the impugned order the respondent has issued the notice to the appellant for taking the possession of the moveable and immovable assets. The details of the same are as under:

¶11

FPA-PMLA-1532/DLI/2016

¶12

Page 1 of 3

¶13

Moveable Property:

¶14

I. Registered number of vehicle: DL-10-CE-5770

¶15

II. Make: Toyota

¶16

III. Model: Fortuner

¶17

IV. Chassis No. MBJ11JV6104022594

¶18

V. Engine No. 1KDU424397

¶19

VI. Total IDV- 1395332

¶20

Immoveable Property:

¶21

‘A-1/147, 3^rd Floor, Inderpuri, Delhi in the name of Shri Rajeev Wadhwa, son of Shri Subhash Wadhwa R/o A-1/147, 3^rd Floor, Inderpuri, Delhi.

¶22

As far as the vehicle/car is concerned, at present, it is directed that the appellant shall deposit 20 per cent of the value i.e. Rs. 2,79,067/- on or before 31^st December, 2016. As regards the immovable property bearing No. A-1/147, 3^rd Floor, Inderpuri, Delhi, the learned counsel for the appellant submits that on verification, it has transpired that the rent of the said property is about Rs. 20,000 per month. The learned counsel for the respondent submits that he will verify the market rent and in case the rent is more than Rs. 20,000 he will inform to the appellant, however, he agreed if the appellant be directed to deposit it at lease the amount suggested by the counsel, without prejudice, the appellant shall deposit the sum of Rs. 20,000 as occupation charges pertaining to the said property on or before the 31^st December, 2016 for the month of December. Mrs. Harpreet Kaur Wadhwa who is the wife of the appellant undertakes that the appellant shall not transfer, alienate and dispose of the said moveable and immoveable properties as mentioned above in any manner and shall continue to deposit the said amount every month till the disposal of the

¶23

FPA-PMLA-1532/DLI/2016

¶24

Page 2 of 3

¶25

appeal. Accordingly, both the parties shall maintain the ‘status quo’ in respect thereof. The appellant will keep on depositing the said occupation charges by 7^th of every month after December, 2016 till the order is confirmed or modified.

¶26

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

¶27

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

¶28

(Justice Manmohan Singh) Chairman

¶29

(G.C. Mishra) Member

¶30

(B.K. Bansal) Member

¶31

New Delhi,

¶32

13^th December, 2016

¶33

‘A’

¶34

FPA-PMLA-1532/DLI/2016

¶35

Page 3 of 3

FPA-PMLA-1532/DLI/2016 of Rajeev Wadhwa v/s The Joint Director Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1532/DLI/2016 of Rajeev Wadhwa v/s The Joint 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

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases