Dismissed

FPA-PMLA-1567/COCHIN/2016 of Khadeeja v/s The Deputy Director Directorate of Enforcement, Cochin

ATFP22 Dec 2016FPA-PMLA-1567/COCHIN/2016

Case brief

AI extract

What is this about?

Tribunal stayed operation of eviction notice dated 07.12.2016 pending appeal, directing status quo, prohibition on disposal of property, and filing of affidavits regarding property details and rent verification by both parties before next hearing on 27.03.2017.

What did the court decide?

Eviction notice operation stayed; parties directed to file affidavits; status quo maintained; next hearing fixed.

FPA-PMLA-1567/COCHIN/2016 of Khadeeja v/s The Deputy Director… — Banking and Recovery | ATFP (2016)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2965/COCHIN/2016 (U.A.) MP-PMLA-2966/COCHIN/2016 (Stay) FPA-PMLA-1567/COCHIN/2016

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Khadeeja … Appellant Versus

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The Deputy Director Directorate of Enforcement, Cochin … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Rakeesh Paniker, Advocate. Shri Jaimon Andrew, Advocate.
For the Respondent	: Shri S.K. Sharma, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI KAUSHAL SRIVASTAVA	: MEMBER
SHRI ANAND KISHORE	: MEMBER

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ORDER 22.12.2016

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FPA-PMLA-1567/COCHIN/2016

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The appellant has filed the appeal under Section 26 of the PMLA Act, 2002 against the order dated 16^th November, 2016 which, according to the appellant was received on 29^th November, 2016. Issue notice to the respondent. The learned counsel for the respondent accepts the notice and he seeks time file the reply. Reply be filed within four weeks with an advance copy to the appellant who may file the rejoinder within four weeks thereafter.

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List the appeal for consideration on 27^th March, 2017.

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MP-PMLA-2966/COCHIN/2016 (Stay)

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The learned counsel for the appellant submits that eviction notice dated 07/12/2016 has been received and he argued for grant of interim relief. Both

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FPA-PMLA-1567/COCHIN/2016

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Page 1 of 2

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the parties shall file the documents which were filed before the Adjudicating Authority within six weeks from today. The appellant will file an affidavit giving the detail of the said property and the details of the tenants who are there in the said property, amount of rent paid etc. At the same time, the respondent will also cause necessary verification to be done and inform the Tribunal about market rent of those properties on the next date of hearing. Both the parties shall maintain the status quo in respect of the title and possession of the suit property. The operation of the eviction notice dated 7^th December, 2016 is stayed till the next date of hearing subject to the condition that the appellant shall not dispose of or create any third party in the said property in any manner whatsoever.

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We may clarify that on the next date of hearing in case we find that the respondent has a good case on merit, we will fix the market rent to be deposited on the next date of hearing.

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List on 27^th March, 2017.

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Copy of the order be given “ dasti ” to both sides.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava) Member

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(Anand Kishore) Member

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New Delhi, 22^nd December, 2016. „K‟

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FPA-PMLA-1567/COCHIN/2016

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FPA-PMLA-1567/COCHIN/2016 of Khadeeja v/s The Deputy Director Directorate of Enforcement, Cochin

Case brief

What is this about?

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FPA-PMLA-1567/COCHIN/2016 of Khadeeja v/s The Deputy Director Directorate of Enforcement, Cochin

Case brief

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What did the court decide?

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