This single-paragraph order directs both parties to show cause regarding notices and possession under section 8(4) of the PMLA, setting a timeline for filing a rejoinder and listing the matter 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
FPA-PMLA-1481/GHY/2016
Shri Jaydev Das … Appellant/Applicant Versus The Joint Director, Directorate of Enforcement, Guwahati … Respondents Advocates/Authorized Representatives who appeared For the appellant : Shri Shafique Khan, Advocates For the respondent : Shri Vikas Garg on behalf of Sh. N.K. Matta, Advocates
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER ORDER
17.07.2017
FPA-PMLA-1481/GHY/2016
Reply has been filed on 12th July 2017. Copy of the same has been
handed over to the learned counsel for the appellant, who seeks time to file the rejoinder. Rejoinder be filed within four weeks.
The learned counsel for the appellant submitted that four to five persons on behalf of Enforcement Directorate visited the house of the appellant and gave the impression that the department is likely to take the possession under section 8(4) of the PMLA. The Learned Counsel for the respondent will clarify that in case he wishes to take the steps to invoke section 8(4), a proper notice would be served to the appellant as well as his counsel so that an opportunity be granted to press the interim relief. Order be given dasti to both sides.
List on 20th November, 2017.
(Justice Manmohan Singh) Chairman
(Anand Kishore) Member
New Delhi, 17th July, 2017
M
FPA-PMLA-1481/GHY/2016
Page 1 of 1
2 issues framed by the court
Whether a notice under section 8(4) of PMLA is mandatory before taking possession of property.
Whether the appellant was required to be given an opportunity to press interim relief.
1 provisions across 1 enactments
Jaydev Das
The Joint Director, Directorate of Enforcement, Guwahati
Manmohan Singh
Anand Kishore
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
