Disposed

FPA-46/DLI/2016 of Shri Deepak Dhembla v/s The Competent Authority, Delhi

ATFP16 Feb 2017FPA-46/DLI/2016

Case brief

AI extract

What is this about?

This order in the Appellate Tribunal for Forfeited Property fixed rental charges at Rs. 15,000 per month from the date of appeal filing regarding the attached residential property. The Tribunal accepted the appellant's contention that the previous address was sold years ago and permitted a deposited sum of Rs. 1 Lakh to be adjusted.

What did the court decide?

Directed the appellant to deposit Rs. 15,000 per month as rental charge; allowed adjustment of previously deposited Rs. 1 Lakh.

FPA-46/DLI/2016 of Shri Deepak Dhembla v/s… — Constitutional and Fundamental Rights | ATFP (2017)

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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY AT NEW DELHI

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MP-128/DLI/2016 (Stay) MP-129/DLI/2016 (COD) FPA-46/DLI/2016

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Shri Deepak Dhembla … Appellant/Applicant Versus The Competent Authority, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Mohinder Madan, Advocate
For the respondent	: Sh. D.S Bisht, Joint Commissioner
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

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ORDER 16.02.2017

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MP-128/DLI/2016 (Stay))

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This order is in continuation as passed on 20^th December,2016 & 19^th January, 2017. The learned counsel for the respondent submits that after verification, it has now come to the notice at the respondent that the rent change in the residential property in Indrapuram is between Rs. 15 to 16 thousand only. The learned counsel for the appellant submits that without prejudice, let the amount be fixed at the rate of 15 thousand per month from the date of filing of the appeal. The learned counsel for the respondent insists that the rent be fixed from the date of impugned order passed not from filing of the appeal. The counsel for the appellant has pointed out that there is the address shown in the impugned order i.e. B- 110, Shakarpur Extension, Delhi-110092 was already sold in the year of 2010. He submits that facts also recorded in the impugned order at page no. 18 wherein it is stated that the letter dated 18^th February, 2010 was FPA-46/DLI/2016 Page 1 of 2

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also received from three persons namely. Smt. Usha Gupta, Shri Baldev Prashad and Shri Deepak intimating that the property No. B-110, Shakarpur Extension, Delhi-92 has been jointly sold to them by Smt. Chander Kanta who is the mother of the appellant. The said property was sold by her by way of General Power of Attorneys. It is duly registered on 30^th March, 2005 for sum of Rs. 16,00,000/- lakhs.

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In view of the above contentions of the appellant the deposit of rent from the date of the appeal is liable to be accepted. We direct appellant to deposit the Rs. 15000/- per month as rental charge of the attached property till the outcome of final order. The appellant has also deposited Rs. 1 Lakh in view of the order passed on 20^th December, 2016. After adjustment the appellant undertakes to deposit at the rate of 15,000/per month regularly till the final decision of the appeal. Accordingly the application is disposed off.

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MP-129/DLI/2016 (COD)

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The rejoinder has been field. The same is taken on record.

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List the application for arguments on 27^th April, 2017.

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FPA-46/DLI/2016

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Re-notify on 27^th April, 2017.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra)

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Member

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(B.K. Bansal) Member

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New Delhi, 16^th February, 2017 ‘s’

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FPA-46/DLI/2016

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Page 2 of 2

FPA-46/DLI/2016 of Shri Deepak Dhembla v/s The Competent Authority, Delhi

Case brief

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FPA-46/DLI/2016 of Shri Deepak Dhembla v/s The Competent Authority, Delhi

Case brief

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