Partly allowed

FPA-PMLA-1104/MUM/2015 of Shapoorji Pallonji & Co. Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Mumbai & Ors.

ATFP16 Jan 2017FPA-PMLA-1104/MUM/2015

Case brief

AI extract

What is this about?

Appeal filed for substituted service of notices on respondents. Tribunal allowed service via publication in English and Marathi newspapers in Mumbai.

What did the court decide?

Prayer for substituted service by publication in English and Marathi newspapers in Mumbai allowed; appellant to serve within two weeks.

What the court decided

FPA-PMLA-1104/MUM/2015 of Shapoorji Pallonji & Co. Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Mumbai & Ors. — ATFP (2017) — LawSathi Research

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3046/MUM/2016(Misc.) MP-PMLA-2344/MUM/2015(Stay) FPA-PMLA-1104/MUM/2015 Shapoorji Pallonji & Co. Pvt. Ltd. … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Mumbai & Ors. .… Respondents

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Advocates/Authorized Representatives who appeared

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For the appellants	: Mr. Arjun Krishnan, Advocate
For the respondent	: Shri Neeraj Atri, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI KAUSHAL SRIVASTAVA	: MEMBER
SHRI ANAND KISHORE	: MEMBER

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ORDER

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16.01.2017

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MP-PMLA-3046/MUM/2016(Misc.)

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Fresh application has been filed for the substituted service on unserved respondent no. 2 & 3 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 & 3 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 & 3, and no other address of this respondent is known to the appellant, therefore, there is no other way to effect service on the respondent no. 2 & 3 except by way of substituted service by way of publication. Issue notice to the respondent no. 1. The learned counsel for the respondent no. 1 has no objection if prayer is allowed in the said application. For the reasons stated in the application and discussed above, the prayer is allowed. The

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FPA-PMLA-1104/MUM/2015 Page 1 of 2

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appellant is permitted to serve the respondent no. 2 & 3 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.

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List this application on 14^th February, 2017.

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MP-PMLA-2344/MUM/2015 (Stay) & FPA-PMLA-1104/MUM/2015

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List on 14^th February, 2017.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava) Member

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(Anand Kishore) Member