Partly allowed

FPA-PMLA-1544/GHY/2016 of Jayanta Kumar Ghosh v/s The Joint Director Directorate of Enforcement, Guwahati

ATFP7 Aug 2017FPA-PMLA-1544/GHY/2016

Case brief

AI extract

What is this about?

In connection with FPA-PMLA-1544/GHY/2016, the Tribunal stayed the operation of an evection notice issued by the Joint Director. The court observed that the notice under Section 8(4) ought not to have been issued in light of an interim order.

What did the court decide?

The operation of the evection notice under Section 8(4) is stayed.

FPA-PMLA-1544/GHY/2016 of Jayanta Kumar Ghosh v/s The Joint… — Banking and Recovery | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-2906/GHY/2016 (Stay) MP-PMLA-2907/GHY/2016 (COD) FPA-PMLA-1544/GHY/2016

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Jayanta Kumar Ghosh

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… Applicant/Appellant

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Versus

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The Joint Director

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Directorate of Enforcement, Guwahati

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Mr. Arunabh Chowdhary, Adv. Mr. Ashish Jha, Advocate
For the respondent	: Mr. Atul Tripathi, Advocate for Shri Nitesh Rana, Advocate
CORAM
JUSTICE MANMOHAN SINGH SHRI ANAND KISHORE	: CHAIRMAN : MEMBER

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ORDER 07.08.2017

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FPA-PMLA-1544/GHY/2016

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Rejoinder could not be filed as counsel for the appellant submits that reply is only received on last week. One final opportunity is granted to the appellant who may file the rejoinder within four weeks.

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List on 4^th December, 2017.

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Interim order to continue till the next date of hearing.

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The counsel for the appellant has pointed out that despite of the interim order passed on 6^th December 2016, still the evection notice for possession has been issued on 15^th July, 2017. We are of the view that the interim order was passed in the presence of the counsel for the FPA-PMLA-1544/GHY/2016 Page 1 of 2

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respondent. The notice under section 8(4) ought not to have been issued.

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Therefore, the operation of the said evection notice under Section 8(4) is stayed.

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(Justice Manmohan Singh) Chairman

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(Anand Kishore) Member

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New Delhi,

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7^th August, 2017

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‘K’

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FPA-PMLA-1544/GHY/2016

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FPA-PMLA-1544/GHY/2016 of Jayanta Kumar Ghosh v/s The Joint Director Directorate of Enforcement, Guwahati

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1544/GHY/2016 of Jayanta Kumar Ghosh v/s The Joint Director Directorate of Enforcement, Guwahati

Case brief

What is this about?

What did the court decide?

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