Appeal dismissed as infructuous because the High Court set aside the underlying order in a pending writ petition without staying the present appeal.
The appeal and pending miscellaneous applications are disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-2494/DLI/2016 (Misc.) MP-PMLA/1153/DLI/2014(Stay)
FPA-PMLA-628/DLI/2014
| M/s Mahanivesh Oils & Foo Pvt. Ltd. & Anr. |
ds | … | Appellant/Applicant |
|---|---|---|---|
| Versus | |||
| The Deputy Director Directorate of Enforcement, Advocates/Authorized Represe |
Delhi ntatives |
… who appear |
Respondent ed |
| For the appellant | : | Shri Shishir Shri Chetan |
Mathur, Advocate Tripathi, Advocate |
| For the respondent | : | Shri Nitesh | Rana, Advocate |
| CORAM | |||
| JUSTICE MANMOHAN SINGH | : | CHAIRMAN | |
| SHRI G.C. MISHRA | : | MEMBER | |
| SHRI B.K. BANSAL | : | MEMBER |
ORDER 07.10.2016
MP-PMLA-2494/DLI/2016 (Misc.), MP-PMLA/1153/DLI/2014(Stay) & FPA-PMLA-628/DLI/2014
The present appeal has been preferred by the appellant against the order dated 21.07.2014, passed by the Ld. Adjudicating Authority, PMLA in O.C. No. 261/2014. The Ld. Adjudicating Authority, vide the impugned order, has confirmed the Provisional Attachment Order (PAO) no. 01/2014 dated 24.01.2014, passed by Deputy Director, Enforcement Directorate, Delhi Zonal office, New Delhi in ECIR 318/DLZO/2009.
FPA-PMLA-628/DLI/2014
Page 1 of 3
Brief facts
The present appellant was defendant no. 2 in O.C. No. 261/2014. The Respondent/Complainant registered a case ECIR/318/DLZO/2009 AD (AR) dt. 18.12.2009 against the appellant and others. The complainant, after investigation, passed the PAO No. 01/2014 dt. 24.01.2014 attaching certain property mentioned therein. After passing of the PAO, the Complainant, filed the O.C. in question before the Adjudicating Authority, PMLA praying for adjudication u/s 8 of said Act and confirmation of PAO.
The appellant has filed two miscellaneous applications bearing no. MP-PMLA-1153/DLI/2014(Stay) for stay of the operation of the order of Adjudicating Authority and MP-PMLA-2494/DLI/2016 for taking Judgment dated 25.01.2016, passed by Hon’ble High Court, Delhi in Writ Petition (C) no. 1925/2014, on record.
Simultaneously, the present appellant preferred a Writ Petition, bearing WP (C) No. 1925/2014, before Hon’ble High Court, Delhi, at New Delhi seeking quashing of the impugned PAO.
The PAO which is subject matter of adjudication and appeal is also subject matter in the Writ Petition before Hon’ble High Court.
The Single Bench of Hon’ble High Court has, after hearing the parties including the respondent herein, allowed the Writ Petition and set aside the impugned order on 25.01.2016.
FPA-PMLA-628/DLI/2014
Page 2 of 3
Today, during the course of hearing, the Ld. Counsel for the respondent submitted that the said order of Hon’ble High Court is under challenge by way of Letter Patent Appeal and seeks time to get a stay order.
The Single Bench of Hon’ble High court has passed the aforesaid order on 25.01.2016. The operation of the said order has not been stayed by the Division Bench as admitted on behalf of the respondent.
The order dt. 25.01.2016 passed by Hon’ble High Court, Delhi in W.P. (C) 1925/2014 is binding on this Tribunal.
In the absence of any stay order and keeping in view the order setting aside the PAO dated 24.01.2014 by the Hon’ble High Court, the present appeal become infructuous. The appeal is disposed of accordingly.
In view of the order passed in appeal the pending miscellaneous application are also disposed of.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
(B.K. Bansal) Member
New Delhi,
07th October, 2016. ‘s’ FPA-PMLA-628/DLI/2014
Page 3 of 3
M/s Mahanivesh Oils & FOO Pvt. Ltd. & Anr.
Deputy Director, Directorate of Enforcement
Manmohan Singh
G.C. Mishra
B.K. Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
