The Tribunal allowed an application for substituted service via newspaper publication because the notice sent by speed post to respondents 2 to 5 was returned unclaimed.
Permission to serve respondent nos. 2 to 5 by way of publication in English and Marathi newspapers
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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-3045/MUM/2016 (Misc) In MP-PMLA-2061/MUM/2015 (Stay)
&
FPA-PMLA-1012/MUM/2015
ACE Card Reality Pvt. Ltd. … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Shri Arjun Krishnan, Advocate For the respondent : None CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER
ORDER
11.01.2017
MP-PMLA-3045/MUM/2016 (Misc) In MP-PMLA-2061/MUM/2015 (Stay) & FPA-PMLA-1012/MUM/2015
Fresh application has been filed for the substituted service on unserved Respondent no. 2 to 5 by way of publication. It is stated in the application that as per last order, the notice was sent by the advocate to the respondent no. 2 to 5 by speed post. However, the same has been returned with the remarks “unclaimed returned to sender”. Returned envelope has been enclosed alongwith the application. It is submitted that the appellant has only the last known address of respondent no. 2 to 5, and no other address of these respondents is known to the appellant. Therefore, there is no other way to effect service on the respondent no. 2 to 5 except by way of substituted service by way of publication. Issue notice to the respondent no. 1. The learned counsel for FPA-PMLA-1012/MUM/2015 Page 1 of 2
Page 1 of 2
the respondent no. 1 has no objection if prayer is allowed in the said application. For the reasons stated in the application, the prayer is allowed. The appellant is permitted to serve the respondent no. 2 to 5 by way of publication in the English newspaper and Marathi newspaper having circulation in Mumbai area. The appellant will take necessary steps within two weeks from today.
List this matter on 14th February, 2017.
(Justice Manmohan Singh) Chairman
(Kaushal Srivastava) Member
(Anand Kishore) Member
New Delhi, 11th January, 2017.
„A‟
FPA-PMLA-1012/MUM/2015
Page 2 of 2
ACE Card Reality Pvt. Ltd.
The Deputy Director Directorate of Enforcement, Mumbai
Manmohan Singh
Kaushal Srivastava
Anand Kishore
As recorded by the court registry
19 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
