Allowed

FPA-PMLA-1268/CHN/2016 of R. Viswanathan v/s The Deputy Director Directorate of Enforcement, Chennai

ATFP9 Jan 2017FPA-PMLA-1268/CHN/2016

Case brief

AI extract

What is this about?

In a stay application, the Appellate Tribunal allowed the appeal to maintain status quo in the appellant's residential property. The respondent was directed not to take possession pending hearing, while the appellant was restrained from alienating the property.

What did the court decide?

Respondent directed to maintain status quo; Appellant restrained from disposing of property pending appeal.

FPA-PMLA-1268/CHN/2016 of R. Viswanathan v/s The Deputy… — Banking and Recovery | ATFP (2017)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

MP-PMLA-3022/CHN/2017(Stay) FPA-PMLA-1268/CHN/2016

¶3

R. Viswanathan … Appellant Versus The Deputy Director Directorate of Enforcement, Chennai … Respondent

¶4

Advocates/Authorized Representatives who appeared

¶5

For the appellant : Shri S. Hari Haran, Advocate For the respondent : Shri Atul Tripathi, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER

¶6

ORDER 09.01.2017

¶7

MP-PMLA-3022/CHN/2017(Stay)

¶8

The main appeal is coming up on 27^th March, 2017. In the meanwhile after filing the appeal, a notice under section 8(4) has been issued by the respondent on 20^th December, 2016 to take over the possession of the said property to the appellant. The learned counsel appeared on behalf of the appellant/applicant submits that as the appellant and his family are residing in the said property i.e. Flat no. 2102, Birchwood, Hiranandani Upscale, Rajiv Gandhi Salai, Old Mahabalipuram Raod, Chennai 603103, he request that he may be protected from dispossession. The counsel for the appellant gave an undertaking on behalf of his client on instruction, the appellant shall not dispose, alienate or create any third party rights in the said property in the pendency of the appeal. It is submitted by him that the appellant has good prima facie case on merits.

¶9

FPA-PMLA-1268/CHN/2016 Page 1 of 2

¶10

Learned counsel for the respondent seeks time to file the reply to the application. Let the same be done within four weeks.

¶11

The respondent is directed to maintain the status quo in the said property i.e. Flat no. 2102, Birchwood, Hiranandani Upscale, Rajiv Gandhi Salai, Old Mahabalipuram Raod, Chennai 603103 till the next date of hearing. The applicant/appellant shall not dispose, alienate or create any third party rights in the said property in the pendency of the appeal.

¶12

List on 27^th March, 2017.

¶13

(Justice Manmohan Singh) Chairman

¶14

(Kaushal Srivastava) Member

¶15

(Anand Kishore) Member

¶16

New Delhi,

¶17

9^th January, 2017

¶18

‘s’

¶19

FPA-PMLA-1268/CHN/2016 Page 2 of 2

FPA-PMLA-1268/CHN/2016 of R. Viswanathan v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1268/CHN/2016 of R. Viswanathan v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases