Disposed

FPA-PMLA-1481/GHY/2016 of Shri Jaydev Das v/s The Joint Director, Directorate of Enforcement, Guwahati

ATFP27 Jul 2017FPA-PMLA-1481/GHY/2016

Case brief

AI extract

What is this about?

Appeal against confirmation order in money laundering case. Appellant applied for stay on attached property with undertaking. Tribunal fixed user charges at Rs. 10,000/month from confirmation date despite delayed notice. Arrears deposit ordered within six weeks. Case listed for further proceedings.

What did the court decide?

Fixed user/occupation charges at Rs. 10,000/month from August 4, 2016; arrears to be deposited within six weeks; stay on alienation accepted.

FPA-PMLA-1481/GHY/2016 of Shri Jaydev Das v/s The Joint Director… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3631/GHY/2017 (Stay) &

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FPA-PMLA-1481/GHY/2016

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Shri Jaydev Das … Appellant/Applicant Versus

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The Joint Director, Directorate of Enforcement, Guwahati

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… Respondents

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Advocates/Authorized Representatives who appeared

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For the Appellant : Ms. Arna Das, Advocate Mr. Aftab Ali Khan, Advocate For the Respondent : Mr. N.K. Matta, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER

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ORDER 27.07.2017

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MP-PMLA-3631/GHY/2017 (Stay) & FPA-PMLA-1481/GHY/2016

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The above mentioned appeal has been filed against the Confirmation Order dated 04^th August, 2016 passed in O.C. No. 591/2016. On 17^th July, 2017 while granting time to file the reply, we observed that when notice under section 8(4) is issued copy be served to the learned counsel for the appellant also. It appears from the record that next date i.e. 18^th July, 2017 the notice under section 8(4) was issued, therefore, the present application has been filed for stay. The learned counsel for the appellant upon instructions submits that his client gives undertaking not to sell, dispose of or alienate the attached Flat No. 2A during the pendency of the appeal. He further submits that the approximate market rent in the order for the user and occupation charges of the said flat may be fixed Rs. 10,000/- (Ten Thousand). Mr. N. K. Matta, ld. Counsel appearing on behalf of the respondent submits that the approximate market rent may be about Rs. 15,000/- to Rs.

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20,000/-.

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FPA-PMLA-1481/GHY/2016

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Page 1 of 2

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It appears to us that the notice under section 8(4) has been issued after more than eleven months. In case the respondent was serious about the issue, the notice ought to have been issued once the confirmation order is passed. Thus, we are inclined to fix reasonable amount of rent as user and occupation charges of Rs. 10,000/- per month from the date of confirmation order i.e. with effect from 04^th August, 2016. As far as arrears of rent are concerned the same is to be deposited within six weeks. The appellant undertakes to deposit Rs. 10,000/- as user and occupation charges positively by 7^th day of every month of a calendar year.

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The application is accordingly disposed of.

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An undertaking is also given on behalf by the appellant that he will not dispose of, or alienate or sell or create any make third party right in the said property.

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The date in the above mentioned matter is already listed on 20^th November, 2017.

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

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(Justice Manmohan Singh) Chairman

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(Anand Kishore)

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Member

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New Delhi, 27^th July, 2017

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‘AS’

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FPA-PMLA-1481/GHY/2016

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FPA-PMLA-1481/GHY/2016 of Shri Jaydev Das v/s The Joint Director, Directorate of Enforcement, Guwahati

Case brief

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FPA-PMLA-1481/GHY/2016 of Shri Jaydev Das v/s The Joint Director, Directorate of Enforcement, Guwahati

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