The tribunal allowed a fresh application for substituted service by publication for two unserved respondents, permitting service via English and Marathi newspapers in Mumbai.
Permitted service on respondent no. 2 and 3 by publication in English and Marathi newspapers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-3049/MUM/2016 (Misc) In MP-PMLA-2204/MUM/2015 (Stay)
&
FPA-PMLA-1113/MUM/2015
Nilesh J. Thakur … 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 : Shri Neeraj Atri, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER
ORDER 11.01.2017
MP-PMLA-3049/MUM/2016 (Misc) In MP-PMLA-2204/MUM/2015 (Stay) & FPA-PMLA-1113/MUM/2015
Fresh application has been filed for the substituted service on unserved respondent no. 2 and 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 and 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 the respondent no. 2 and 3, and no other of these respondents is not known to the appellant. Therefore, there is no other way to effect service on the respondent no. 2 and 3 except by way of substituted service by way of publication. Issue notice to the respondent no. 1. The learned counsel for
FPA-PMLA-1113/MUM/2015
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 and 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.
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-1113/MUM/2015
Page 2 of 2
Nilesh J. Thakur
The Deputy Director Directorate of Enforcement, Mumbai
Manmohan Singh
Kaushal Srivastava
Anand Kishore
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
