Disposed

FPA-PMLA-1742/CHD/2017 of Vijay Kumar Kushwaha & Ors. v/s The Deputy Director, Directorate of Enforcement, Chandigarh

ATFP21 Apr 2016FPA-PMLA-1742/CHD/2017

Case brief

AI extract

What is this about?

Appellate Tribunal directed respondents to file reply within six weeks and adjourned eviction proceedings. Appellants were allowed to continue joint appeal pending trial.

What did the court decide?

Notice issued to respondents; reply to be filed within six weeks; eviction action stayed pending further orders.

What the court decided

FPA-PMLA-1742/CHD/2017 of Vijay Kumar Kushwaha & Ors. 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-3369/CHD/2017 (E.H) MP-PMLA-3370/CHD/2017 (Stay) FPA-PMLA-1742/CHD/2017

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Vijay Kumar Kushwaha & Ors … Appellant Versus The Deputy Director, … Respondent Directorate of Enforcement, Chandigarh

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Khalil A. Ansari, Advocate For the respondent : Shri N.K. Matta, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER SHRI B.K. BANSAL : MEMBER

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ORDER

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21.04.2017

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MP-PMLA-3370/CHD/2017 (Stay) & FPA-PMLA-1742/CHD/2017

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Fresh appeal has been filed under section 26 of PMLA Act 2002 against the order dated 3^rd March, 2017. Issue notice to the respondents, Mr. N.K. Matta, accepts the notice. Let the reply be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

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Along with the appeal the appellants have also filed the application for stay. The counsel for the appellant is pressing for interim order, in view of the eviction notice issued on 5^th April, 2017 under Section 8(4) of the Act by Respondent-2.

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FPA-PMLA-1742/CHD/2017

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Page 1 of 2

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The appeal is filed by three appellants namely Vijay Kumar Kushwaha, Ms. Rekha Khuswaha ( wife of Vijay Kumar Kushwaha) and Shri Vimlesh Kumar (brother of Vijay Kumar Kushwaha). The appellant-1 Shri Vijay Kumar Khushwaha is also present in person. He submits that as far as the FIR is concerned, the appellants- 2 &3 are not named in the FIR. He has also informed that in the Charge filed, none of the appellants is named in the said Charge Sheet.

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In view of the statement made by the appellant no. 1 till the next date of hearing, the further action of eviction shall be taken by the respondents, as per eviction notice dated 5^th April, 2017 issued under section 8(4) of the Act.

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The counsel for the appellant submits that the joint appeal has been filed by the three appellant. The case of all is common and it shall remain same during the pendency of the appeal.

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List on 3^rd August, 2017.

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(Justice Manmohan Singh) Chairman

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(B.K. Bansal) Member

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New Delhi,

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21^st April, 2017

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‘K’

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FPA-PMLA-1742/CHD/2017

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Page 2 of 2

FPA-PMLA-1742/CHD/2017 of Vijay Kumar Kushwaha & Ors. v/s The Deputy Director, Directorate of Enforcement, Chandigarh

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FPA-PMLA-1742/CHD/2017 of Vijay Kumar Kushwaha & Ors. v/s The Deputy Director, Directorate of Enforcement, Chandigarh

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