Partly allowed

FPA-PMLA-1589/MUM/2016 of Prashant Mulekar & Anr. v/s The Deputy Director, Directorate of Enforcement, Mumbai

ATFP18 Jan 2017FPA-PMLA-1589/MUM/2016

Case brief

AI extract

What is this about?

The Appellate Tribunal stayed the provisional attachment of three immovable properties in Mumbai pending appeal, subject to appellant paying use and occupation charges if occupied by third parties and refraining from disposing the assets.

What did the court decide?

Stay on provisional attachment of three flats subject to payment of use and occupation charges and non-alienation.

FPA-PMLA-1589/MUM/2016 of Prashant Mulekar & Anr. v/s The Deputy… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3012/MUM/2016 (Stay) MP-PMLA-3013/MUM/2016 (COD) MP-PMLA-3014/MUM/2016

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FPA-PMLA-1589/MUM/2016

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Prashant Mulekar & Anr. … Appellants/Applicants

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Versus

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The Deputy Director, Directorate of Enforcement, Mumbai

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellants : Shri Rajeev Awasthi, Advocate For the respondent : Shri Nitesh Rana, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER

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ORDER 18.01.2017

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MP-PMLA-3012/MUM/2016 (Stay)

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By the impugned order the provisional attachment was confirmed

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with regard to the following immovable properties:

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Details of the Property	Area in	Agreement Value in
	square feet	Rupees
Flat No. B-602, Palm House Co-	390	92,50,000
operative Housing Society, 16, Mogul
Lane, Matunga (W), Mumbai-400 016
Flat No. B-603, Palm House Co-	400	94,00,000
operative Housing Society, 16, Mogul
Lane, Matunga (W), Mumbai-400 016
Flat NO. B-702 with the adjoining open	438	1,32,00,000

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FPA-PMLA-1589/MUM/2016

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Page 1 of 3

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terrace and exclusive open terrace
above Flat No. B-702 in Palm House
Co-operative Housing Society, 16,
Mogul Lane, Matunga (W), Mumbai-400
016.
Total	1228	3,18,50,000

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As far as Flat no. B-602 & B-603 Palm House Co-operative Housing Society, 16, Mogul Lane, Matunga (W), Mumbai-400 016 are concerned, the learned counsel for the appellant states that the said flats are duplex which are occupied by third party and if he is protected from dispossession, his client is prepared to pay the sum of Rs. 50,000/towards use and occupation charges per month from the date of the impugned order. The deposit towards the arrears upto December 2016 shall be made within four weeks from today. For each subsequent month in the pendency of the appeal, the charges will be paid by the 10^th of the following month. Subject to the said deposit the impugned order passed in the said flats shall remain stayed in the pendency of the appeal.

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As far as Flat no. B-702 with the adjoining open terrace and exclusive open terrace above Flat No. B-702 in Palm House Co-operative Housing Society, 16, Mogul Lane, Matunga (W), Mumbai-400 016 is concerned, the learned counsel for the respondent seeks time to obtain instructions regarding the status of the same and also states that till the next date of hearing the respondent will not evict the appellant. Necessary instruction may be obtained.

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It is also directed that till further orders, the appellant shall not dispose off, alienate or create any third party right in the above mentioned properties in the pendency of the appeal.

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FPA-PMLA-1589/MUM/2016

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Page 2 of 3

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List for consideration on 8^th March, 2017.

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In the meanwhile the respondent is allowed to file the reply within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

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FPA-PMLA-1589/MUM/2016

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Issue notice to the counsel for the respondent. Shri Nitesh Rana, learned counsel for the respondent accepts the notice and seeks time to file the reply.

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Let the reply be filed within six weeks with an advance copy to the

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counsel for the appellant.

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List on 8^th March, 2017.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava) Member

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(Anand Kishore) Member

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New Delhi, 18^th January, 2017.

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‘d’

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FPA-PMLA-1589/MUM/2016

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FPA-PMLA-1589/MUM/2016 of Prashant Mulekar & Anr. v/s The Deputy Director, Directorate of Enforcement, Mumbai

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1589/MUM/2016 of Prashant Mulekar & Anr. v/s The Deputy Director, Directorate of Enforcement, Mumbai

Case brief

What is this about?

What did the court decide?

What the court decided

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