Disposed

FPA-12/BOM/2005 of Hasina Ibrahim Parker v/s The Competent Authority, Mumbai

ATFP11 Apr 2017FPA-12/BOM/2005

Case brief

AI extract

What is this about?

The Appellate Tribunal for Forfeited Property addressed the appellant's delay in complying with a 2006 order regarding deposit of funds. The court directed the appellant to deposit Rs. 5 lakhs within four weeks, warning vacatur of the interim stay if not complied with, while allowing time to determine market rental value.

What did the court decide?

Directed the appellant to deposit Rs. 5 lakhs within four weeks; warned of vacation of interim stay in case of non-compliance.

FPA-12/BOM/2005 of Hasina Ibrahim Parker v/s The Competent… — Property and Title | ATFP (2017)

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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI

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(Under Section 12 of SAFEMA, 1976 as Amended by Finance Act, 2016)

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MP-54/BOM/2014 (LH)

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MP-55/BOM/2014(Add. Grnds.)

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FPA-12/BOM/2005

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Hasina Ibrahim Parker … Appellant/Applicant Versus

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The Competent Authority, Mumbai

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Maroof Ahmad, Advocate on Behalf of Shri B.U. Barqi, Advocate For the respondent : Shri Stanly Joseph, I.O. CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER

ORDER

11.04.2017

FPA-12/BOM/2005

Shri Stanly Joseph has pointed out that the order dated 3^rd March,

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2006 after having and submits that the said order has not been complied

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by the appellant. The operative part of the order is under:

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“(i) The appellant shall give an undertaking that she shall not transfer, create any third party interest or part with possession of the forfeited property except to the Competent Authority;

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(ii) The appellant shall deposit such sum w.e.f. today which may be settled by this Appellate Tribunal after having response from the Competent Authority.

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(iii) The appellant gives undertaking that she shall deposit the aforesaid sum as directed above.

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(iv) The undertakings are required to be given within 3 weeks in the office of the Competent Authority. (v) The stay shall stand automatically vacated if the undertakings required from the appellant within the stipulated period.”

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FPA-12/BOM/2005

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Page 1 of 2

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The learned counsel for the appellant submit that para (ii) of the order is not complied by the appellant. He seeks some time provide the details of the market rent of the premises used by the appellant. Counsel states that at present the premise in question is locked. Let the affidavit in this regard be filed within four weeks with an advance copy to the counsel for the respondent will also verify the market rental value of the premises during the relevant period and file the affidavit with the full details before the next date of hearing so that the amount is fixed to be deposited by the appellant with the respondent which may be without prejudice till the decision of the appeal.

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As far as non compliance of order dated 3^rd March, 2006, we are of the view that lump-sum deposit has to be made, thus, we direct the appellant to deposit Rs. 5 lakhs without prejudice within four weeks today. In case the said deposit is not made with the respondent/by the appellant, the interim order granted on 3^rd March, 2006 is likely to be vacated. The Learned Counsel for the appellant has rightly pointed out that in case the appellant will fail to comply with the order; his client has no option but to hand over the possession on the next date.

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List on 8^th August, 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, 11^th April, 2017

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‘d’

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FPA-12/BOM/2005

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Page 2 of 2

FPA-12/BOM/2005 of Hasina Ibrahim Parker v/s The Competent Authority, Mumbai

Case brief

What is this about?

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FPA-12/BOM/2005 of Hasina Ibrahim Parker v/s The Competent Authority, Mumbai

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