The Tribunal directed the appellant to deposit Rs. 5,00,000/- within four weeks because the stay order regarding two properties was not fully complied with and use and occupation charges were paid for only two months.
Directing the appellant to deposit Rs. 5,00,000/- within four weeks.
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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI
(Under Section 12 of SAFEMA, 1976 as Amended by Finance Act, 2016)
MP-ND-37-/BOM/2014 (Stay) FPA-4/BOM/2014
Ajit Satam … Appellant/Applicant
Versus
The Competent Authority, Mumbai …
Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Shri Sanjeev Kumar Choudhary, Advocate For the respondent : Shri Stanly Joseph, I.O. CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER
ORDER
23.01.2017
FPA-4/BOM/2014
The appellant has filed copy of affidavit dated 20.01.2015 seeking modification of the stay order as one of the properties is attached by the Enforcement Directorate. On the 7th July 2014, the stay order was passed in favour of the appellant pertaining two properties i.e. item no. 11 and 29 as per particulars is mentioned in the application, subject to payment of Rs. 50,000/- per month for use and occupation charges of property with effect from 1st July, 2014 till the next date of hearing. Shri Stanly Joseph, I.O appearing on behalf of the respondent submits that the stay order has not been fully compiled by the appellant although the Item No. 11 of the property continues to be enjoyed by the appellant. He further submits that the use and occupation charges were paid by the appellant only for two months. It is not denied on behalf of the appellant that one of the properties i.e. 11 is being enjoyed by the appellant. In these circumstances the
FPA-4/BOM/2014
Page 1 of 2
appellant is directed to deposit at least sum of Rs. 5,00,000/- within four weeks from today which will be adjusted/considered in the amount that may be determined on consideration of the modification/affidavit.
List on 27th March, 2017.
(Justice Manmohan Singh) Chairman
(Kaushal Srivastava) Member
(Anand Kishore) Member
New Delhi, 23rd January, 2017.
‘K’
FPA-4/BOM/2014
Page 2 of 2
1 issue framed by the court
Whether the appellant must deposit an additional sum when the stay order is not fully complied with.
1 provisions across 1 enactments
Ajit Satam
The Competent Authority, Mumbai
Manmohan Singh
Kaushal Srivastava
Anand Kishore
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
