Disposed

FPA-PMLA-1447/PTN/2016 of Ranjit Mandal & Ors. v/s The Joint Director Directorate of Enforcement, Patna

ATFP25 Jan 2017FPA-PMLA-1447/PTN/2016

Case brief

AI extract

What is this about?

The Tribunal considered an adjourned hearing on possession notices regarding movable and immovable properties. It directed verification of vehicle valuations and stayed the operation of notices for those vehicles, while passing a status quo order for an incomplete house.

What did the court decide?

Stayed operation of notices for three vehicles pending valuation verification; passed status quo order for the house property.

FPA-PMLA-1447/PTN/2016 of Ranjit Mandal & Ors. v/s The Joint… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3064/PTN/2017 (u/s 35) FPA-PMLA-1447/PTN/2016

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Ranjit Mandal & Ors. … Appellants/Applicants Versus The Joint Director Directorate of Enforcement, Patna … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Suryakant Singla, Advocate Shri Ashish Prakash, Advocate
For the respondent	: Shri S.A. Saud, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

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ORDER 25.01.2017

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FPA-PMLA-1447/PTN/2016 & MP-PMLA-3064/PTN/2017 (u/s 35)

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The appellant has filed the appeal under section 26 of Prevention of Money Laundering Act, 2002 before this Hon’ble Tribunal challenging the impugned order dated 15^th July, 2002 passed by the Adjudicating Authority. After filing the appeal the appellant has received ten notices dated 2^nd November, 2016 under section 8(4) of the Act for taking the possession of the various movable and immovable properties. As far as the notice dated 2^nd November, 2016 in relation to the house built on Khata No. 767, Khesra No. 4911 & 4912 Mauza – Bodhnagar, P.S. – Halsi, Lakhisarai is concerned, the learned counsel for the appellant submits that it is not a livable house despite of the fact that the appellant is residing in the same. He has shown the photograph of the said house which is under constructions, even plaster

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FPA-PMLA-1447/PTN/2016

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Page 1 of 3

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is not done so far even it does not even have the door. The learned counsel for the respondent submits that an officer of the respondent will verify the same and inform the status of the house to the Tribunal alongwith the photograph. Thus till the next date of hearing the status quo order be passed with regard to the said property. The learned counsel for the appellant submits that the appellant shall not create any third party right, title and interest in the said property till the next date of hearing.

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Pertaining to following movable properties three notices are issued on 2^nd November, 2016:-

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(1) Tata Truck No. BR-46A 4361

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(2) Scorpio L.X B33TCI BR 46 A 4820

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(3) Tata Truck BR-46A/6021

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The learned counsel for the appellant has referred to 2^nd proviso of Rule 4 of Prevention of Money Laundering (Taking Possession of Attached or Frozen Properties confirmed by the Adjudicating Authority) Rules 2013, read as under:

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“Provided further that where the movable property is a mode

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of conveyance of any description, the authorized officer, after obtaining its valuation report from the Motor Licensing Authority or any other authority, as the case may be, may accept and retain the fixed deposit receipt of a nationalized bank equivalent to the value of the movable property as security in the name of Director of Enforcement and send a report to the Special Court or Adjudicating Authority, as the case may be for information and appropriate action.”

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Shri S.A. Saud, learned counsel appearing on behalf of the respondent is agreeable to verify the valuation of three vehicles so that the appropriate order be passed with regard to three movable properties on the next date of hearing. The operation of the notice under section 8(4) of the said vehicles shall remain stayed till the next date of hearing pertaining to these vehicles also, however the appellant shall not disposed of three vehicles.

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List this matter on 9^th March, 2017.

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FPA-PMLA-1447/PTN/2016

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Page 2 of 3

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Liberty is granted to the respondent to file the reply within four weeks

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from today.

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Shri S.A. Saud, learned counsel for the respondent submits that as far as the remaining six properties are concerned the symbolic possession has already been taken. On the other hand the learned counsel for the appellant states that wheat crop is standing on the said property belonging to the appellant.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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(B.K. Bansal) Member

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New Delhi,

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25^th January, 2017 ‘d’

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FPA-PMLA-1447/PTN/2016