FPA-PMLA-1539/ Ghy /2016 of Shri Charanjit Singh Gandhi v/s Joint Director Directorate of Enforcement, Guwahati

ATFP13 Dec 2016FPA-PMLA-1539/ GHY /2016

Case brief

AI extract

What is this about?

One-page procedural orders in three connected appeals concerning an appeal against an impugned order, a stay application, and an application regarding possession. The tribunal recorded ready position of counsel, issued notices, and listed the matters for the next hearing; no substantive decision was rendered on the merits.

What the court decided

AI extract

FPA-PMLA-1539/ Ghy /2016 of Shri Charanjit Singh Gandhi v/s Joint… — Money Laundering | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2882/GHY/2016 (Stay) MP-PMLA-2883/ GHY /2016 (COD) MP-PMLA-2884/ GHY /2016 (A.D.) FPA-PMLA-1539/ GHY /2016

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Shri Charanjit Singh Gandhi

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… Appellant

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Versus

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Joint Director Directorate of Enforcement, Guwahati

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Nalin Kohli, Advocate Shri Ankit Roy, Advocate For the respondent : Shri Nitesh Rana, Advocate Shri Manish Jain, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER

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ORDER 13.12.2016

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FPA-PMLA-1539/ GHY /2016

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The present appeal has been filed by the appellant under Section 26 of the PMLA 2002 against the impugned order dated 16^th September, 2016. Issue notice to the respondent. The learned counsel for the respondent accepts the notice and seeks time to file the reply. Let the reply be filed within eight weeks with an advance copy to the counsel for the appellant who may file the rejoinder, if any, four weeks thereafter.

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List the appeal for consideration on 11^th April, 2017.

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MP-PMLA-2882/GHY/2016 (Stay)

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As far as stay application is concerned, the learned counsel for the respondent accepts the notice and seeks time to file the reply. Let the reply be filed within eight weeks with an advance copy to the counsel for the appellant who may file the rejoinder, if any, four weeks thereafter.

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FPA-PMLA-1539/GHY/2016

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Page 1 of 2

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The learned counsel for the respondent submits that no notice under Section 8(4) for taking the possession has been issued to the appellant and as and when the notice is served to the appellant, he would be entitled to request for the interim order. On the other hand, the learned counsel for the appellant has fairly suggested that the amount of Rs. 5.49 crores which have been allegedly wrongly withdrawn, the appellant is prepared to deposit the bank guarantee for the said amount and interim relief may be allowed. The counsel further states that in case any notice under Section 8(4) is received from the respondent, he would take the necessary steps at an early date. The learned counsel for the respondent submits that as far as depositing the bank guarantee is concerned, he will take necessary instructions.

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List the matter on 11^th April, 2017.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava) Member

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(Anand Kishore)

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Member

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New Delhi, 13^th December, 2016.

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‘A’

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FPA-PMLA-1539/GHY/2016

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FPA-PMLA-1539/ Ghy /2016 of Shri Charanjit Singh Gandhi v/s Joint Director Directorate of Enforcement, Guwahati

Case brief

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What the court decided

FPA-PMLA-1539/ Ghy /2016 of Shri Charanjit Singh Gandhi v/s Joint Director Directorate of Enforcement, Guwahati

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