Disposed

FPA-PMLA-1510/KOL/2016 of Bengal India Global Infrastructure Ltd. v/s The Joint Director Directorate of Enforcement, Kolkata

ATFP11 May 2017FPA-PMLA-1510/KOL/2016

Case brief

AI extract

What is this about?

The Tribunal disposed of an application to operate bank accounts prohibited under the PMLA. It directed the transfer of demand drafts to the respondent for encashment, allowing account operation thereafter. The matter was listed for disposal on May 11, 2017.

What did the court decide?

Direction to hand over prepared demand drafts to the respondent for encashment to enable subsequent operation of the accounts.

FPA-PMLA-1510/KOL/2016 of Bengal India Global Infrastructure Ltd… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL,PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3275/KOL/2017 (U/s 26) MP-PMLA-2941/KOL/2016 (Stay) In MP-PMLA-2851/KOL/2016 (Stay) FPA-PMLA-1510/KOL/2016

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Bengal India Global Infrastructure Ltd. … Appellant Versus The Joint Director Directorate of Enforcement, Kolkata … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	:	Mr. Nitin Sangra, Advocate Mr. S. Chakarborty, Advocate Ms. Sonia Dube, Advocate
For the respondent	:	Shri N.K. Matta, Advocate
CORAM JUSTICE MANMOHAN SINGH SHRI G.C. MISHRA	: :	CHAIRMAN MEMBER
SHRI B.K. BANSAL	:	MEMBER
1	ORDER 1.05.2017

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MP-PMLA-3275/KOL/2017 (U/s 26)

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Reply has been filed. The same is taken on record. As the order is

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passed in continuation of the order dated 21^st April, 2017 the same is

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reproduced below.

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“MP-PMLA-3275/KOL/2017 (U/S 26)

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The above mentioned application has been filed by the appellant under Section 26 read with Section 37 of the PMLA seeking direction from this FPA-PMLA-1510/KOL/2016 Page 1 of 3

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Page 1 of 3

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Tribunal to operate the account mentioned in Para-4 of the application. The details of the accounts are read as under:

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S.No.	Banks Name	Account No.	Date of Prohibition	Date of balance being withdrawn
1	Axis Bank	913020005796150	27.07.15	08.11.2016
2	Yes Bank	001781400000293	03.06.15	10.11.16
3.	HDFC Bank	04698470000052	27.08.15	Not withdrawn
4	UCO Bank	17840200003192	20.08.15	Not withdrawn
5	Dena Bank	124711031043	21.08.15	03.12.16
6	ICICI Bank Ltd.	000605022479	22.08.15	14.12.16

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As far as the serial number 1, 2, 5 and 6 are concerned, the counsel for the appellant submits that the amounts have already been attached and withdrawn and are in the possession of the respondent. His client only wishes to operate the accounts.

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With regard to the details of the accounts mentioned in serial-3 & 4 the amount have not been withdrawn by the respondent and his client at this stage is not pressing for operates of the said accounts. In view of averments made in the application, we are of view that the said request is reasonable. Since the reply has not been filed by the respondent and even the main counsel on record is not available, in these circumstances, let the instruction be taken by the learned counsel of the respondent.

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List the application for disposal on 11^th May, 2017.”

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Learned counsel for the respondent submits that though the Demand Drafts for the amount have been prepared by the bank, however, the said amount were not encashed by the respondent in view of the interim order has passed by this Tribunal. We directed that the interim order already granted to modified to the extent that the D.D. already prepared for the entire amount which was lying which have already been in account of S.No. 1,2,5 & 6, the demand drafts be handed over to the respondent, who will enchased the same within two weeks. Once the amount is come to the account, the appellant shall be entitled to operate the said accounts in the same bank.

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FPA-PMLA-1510/KOL/2016

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Page 2 of 3

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Copy of the order be given “dasti” to both sides.

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FPA-PMLA-1510/KOL/2016

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List on 10^th August, 2017.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra)

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Member

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(B.K. Bansal) Member

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New Delhi, 11^th May, 2017

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‘s’

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FPA-PMLA-1510/KOL/2016

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Page 3 of 3

FPA-PMLA-1510/KOL/2016 of Bengal India Global Infrastructure Ltd. v/s The Joint Director Directorate of Enforcement, Kolkata

Case brief

What is this about?

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FPA-PMLA-1510/KOL/2016 of Bengal India Global Infrastructure Ltd. v/s The Joint Director Directorate of Enforcement, Kolkata

Case brief

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What did the court decide?

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