Single bench order listing elements of appeal regarding money laundering. Court grants liberty to file rejoinder and stays coercive action on notice under Section 8(4) PMLA while matter is listed for further hearing.
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-2833/BNG/2016 (STAY) FPA-PMLA-1465/BNG/2016 |
||
|---|---|---|
| Shri Shankar Kollur | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Bangalore |
… | Respondent |
| MP-PMLA-2834/BNG/2016 (STAY) FPA-PMLA-1466/BNG/2016 |
||
| Shri Avinash Shankar Kollur (Self) | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
Directorate of Enforcement, Bangalore |
… | Respondent |
| MP-PMLA-2835/BNG/2016 (STAY) | ||
| FPA-PMLA-1467/BNG/2016 | ||
| Parvati Shankar Kollur | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Bangalore |
… | Respondent |
| MP-PMLA-2836/BNG/2016 (STAY) | ||
| FPA-PMLA-1468/BNG/2016 | ||
| Avinash Shankar Kollur (President) | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Bangalore |
… | Respondent |
| MP-PMLA-2837/BNG/2016 (STAY) | ||
| FPA-PMLA-1469/BNG/2016 | ||
| Rakesh Shankar Kollur | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
Directorate of Enforcement, Bangalore |
… | Respondent |
| Advocates/Authorized Representatives who | appea | red |
| For the appellant : Shri |
Rajku | ar |
Char |
tered A |
, ccountant |
| For the respondent : Shri |
Nitesh | Rana, Advocate |
| Ms. Shri |
Saumy Manish |
a Sinha, Advocate Jain, Advocate |
FPA-PMLA-1465-1466-1467-1468-1469/BNG/2016
Page 1 of 2
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER
ORDER 24.08.2017
FPA-PMLA-1465/BNG/2016 & MP-PMLA-2833/BNG/2016 (STAY), MP-PMLA-2834/BNG/2016 (STAY), FPA-PMLA-1466/BNG/2016 MP-PMLA-2835/BNG/2016 (STAY) , FPA-PMLA-1467/BNG/2016 MP-PMLA-2836/BNG/2016 (STAY), FPA-PMLA-1468/BNG/2016 MP-PMLA-2837/BNG/2016 (STAY) & FPA-PMLA-1469/BNG/2016
Reply has been filed before us in this appeal. The learned Counsel for the respondent submits that the reply filed may also be read in FPAPMLA-1466/BNG/2016, FPA-PMLA-1467/BNG/2016, FPA-PMLA1468/BNG/2016 and FPA-PMLA-1469/BNG/2016. Copy has been handed over to the Chartered Accountant to the appellant who is granted liberty to file the rejoinder within four weeks.
The impugned order in the above said matter was passed on 26th July, 2016. We have been informed by the Chartered Accountant of the appellant that the appellant has been discharged from the prosecution complaints on 27th April, 2017. It appears that prior to the said date the notice under Sec. 8(4) has been issued which was received by the appellant on 15.4.2017.
List this matter on 16th February, 2018. Heard for some time, in the meanwhile no coercive action shall be taken by the respondent on the notice issued u/s 8(4) of the PMLA, 2002.
(Justice Manmohan Singh) Chairman
(G.C. Mishra)
Member
New Delhi, 24th August, 2017
‘r’
FPA-PMLA-1465-1466-1467-1468-1469/BNG/2016
Page 2 of 2
1 issue framed by the court
Whether coercive action in relation to notice under Section 8(4) of PMLA should remain stayed pending adjudication/appeal.
1 provisions across 1 enactments
Shankar Kollur
Avinash Shankar Kollur
Parvati Shankar Kollur
Rakesh Shankar Kollur
Deputy Director, Directorate of Enforcement, Bangalore
Manmohan Singh
G.C. Mishra
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
