The Appellate Tribunal, PMLA, refused to grant adjournment in a matter fixed for final disposal due to lack of justification in the application; instead, the matter was adjourned to a future date conditioned upon the payment of costs.
Adjourned subject to payment of costs of Rs.5,000/-.
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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-1756/GOA/2015 (Stay) FPA-PMLA-905/GOA/2015
M/s Pankaj Ispat Ltd. … Appellant/Applicant Versus Deputy Director Directorate of Enforcement, Goa … Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Arjun Nanda, Proxy Counsel |
|---|---|
| For the respondent |
: Shri N.K. Matta, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
| SHRI B.K. BANSAL | : MEMBER |
ORDER 16.12.2016
MP-PMLA-1756/GOA/2015 (Stay) & FPA-PMLA-905/GOA/2015
This matter is listed for final disposal. Mr. Somesh Arora, Advocate circulated the application for adjournment. We have gone through the application wherein it is mentioned that Mr. R.K. Tiwari, Sr. Advocate who was appearing in the matter has gone out of station to attend the marriage ceremony to his native place in Uttar Pradesh. When the matter is taken up even Mr. Somesh Arora, Advocate is not present. No material is annexed with the application for adjournment in order to justify the adjournment. There is no valid reason to adjourn the matter when the same is fixed for final arguments. The proxy counsel Mr. Arjun Nanda submits that he is not from the same office and is simply appearing as proxy counsel for Mr. Somesh Arora, Advocate who is busy in some other
FPA-PMLA-905/GOA/2015
Page 1 of 2
court. Subject to the cost of Rs.5,000/- the matter is adjourned to 31st March, 2017. The cost shall be deposited by the appellant with the Prime Minister’s Relief Fund on or before the next date.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member (B.K. Bansal) Member
New Delhi, 16th December, 2016.
‘R’
FPA-PMLA-905/GOA/2015
Page 2 of 2
2 issues framed by the court
Whether to grant an adjournment in a PMLA matter fixed for final disposal when no material justification is provided.
Whether a proxy counsel without the principal advocate's concurrence justifies adjournment in absence of material support.
M/s Pankaj Ispat Ltd.
Deputy Director Directorate of Enforcement, Goa
Manmohan Singh
G.C. Mishra
B.K. Bansal
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
