FPA-PMLA-1462/MUM/2016 of M/s. Ridhi Sidhi Bullion Ltd. v/s The Deputy Director, Directorate of Enforcement, Mumbai

ATFP25 Apr 2017FPA-PMLA-1462/MUM/2016

Case brief

AI extract

What is this about?

Appellant challenged the Adjudicating Authority's decision to retain seized documents, submitting lack of FIR charge and willingness to give undertaking. Tribunal reserved opinion and listed matter for further instructions.

What did the court decide?

Ok to take instructions from ED representative within two weeks regarding retention of record and return of originals.

FPA-PMLA-1462/MUM/2016 of M/s. Ridhi Sidhi Bullion Ltd. v/s The… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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FPA-PMLA-1462/MUM/2016

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M/s. Ridhi Sidhi Bullion Ltd. … Appellant/Applicant

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Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Rajeev Awasthi, Advocate
For the respondent	: Shri S.A. Saud, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI KAUSHAL SRIVASTAVA	: MEMBER
SHRI ANAND KISHORE	: MEMBER

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ORDER

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25.04.2017

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FPA-PMLA-1462/MUM/2016

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The present appeal has been filed whereby the Adjudicating Authority has retained the record i.e. seized documents/property under section 17 of the Act. Mr. Awasthi, Advocate appearing on behalf of the appellant states that he has not been charged in FIR by CBI, rather the appellant no. 1 is cited as witness. He submits that there is no justification on behalf of the respondent to retain the said record. Without prejudice, the appellant has no objection if the photocopy of the documents are retained by the respondent and originals returned to them. He also submits that the appellant is ready to give the undertaking that on receipt of the original record, if necessary the said original documents will be produced in case required by the ED. Let the counsel for the respondent take the instructions from the department within two weeks.

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List on 13^th July, 2017.

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FPA-PMLA-1462/MUM/2016

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Page 1 of 2

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Copy of the order be given ‘ dasti’ to both sides.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava)

Member

(Anand Kishore)

Member

New Delhi, 25^th April, 2017

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‘d’

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FPA-PMLA-1462/MUM/2016

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Page 2 of 2

FPA-PMLA-1462/MUM/2016 of M/s. Ridhi Sidhi Bullion Ltd. v/s The Deputy Director, Directorate of Enforcement, Mumbai

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1462/MUM/2016 of M/s. Ridhi Sidhi Bullion Ltd. v/s The Deputy Director, Directorate of Enforcement, Mumbai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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