Administrative order listing pending appeals under the Prevention of Money Laundering Act, 2002 and an application for a stay, while issuing notices to parties for filing replies. Status quo was maintained regarding attached property pending the next 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
MP-PMLA-3057/COCHIN/2017 (E.H) MP-PMLA-3058/COCHIN/2017 (Stay) FPA-PMLA-1600/COCHIN/2017
Smt. Laila SIddique … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Ahemdabad … Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Sh.K.M. Suresh Chandran, Advocate For the respondent : Shri S.K. Sharma, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER
ORDER 13.01.2017
MP-PMLA-3057/COCHIN/2017 (E.H) & FPA-PMLA-1600/COCHIN/2017
A fresh appeal has been filed by the appellant under section 26 of Prevention of Money Laundering Act 2002 against the order dated 16th November, 2016 in O.C. No. 607/2016 passed by the Adjudicating Authority. Issue notice to the respondent. Mr. S.K. Sharma, Advocate accepts the notice on behalf of the respondent and seeks time to file the reply. The reply be filed within six weeks and rejoinder by the next date of hearing. Application for early hearing is disposed of.
List the appeal on 27th March, 2017.
FPA-PMLA-1600/COCHIN/2017
Page 1 of 3
MP-PMLA-3058/COCHIN/2017 (Stay)
Issue notice to the respondent. The learned counsel for the respondent accepts the notice and seeks time to file the reply. Let the reply be filed within six weeks rejoinder by the next date of hearing.
List the application on 27th March, 2017.
Alongwith the application, the eviction notice dated 2nd December, 2016 has also been filed whereby the respondent intends to take the possession of the property known as Building No. 144/7, Edapal Grama Panchayath, Edapal Village, Malappuram. The learned counsel for the appellant has referred to the earlier order dated 27th December, 2016 passed in FPA-1572/COCHIN/2016 in the case of Hasan A A in which interim protection was allowed to the appellant involved in that case and pertaining to the same O.C. no. 607/2016. He further submits that property attached is a dwelling house in which the appellant Smt. Laila Siddique, is residing alongwith her family members. He undertakes that the appellant shall not create any third party right in the said property or sell, alienate the same in any manner till the disposal of the appeal directly or indirectly. He further submits that he would submit the valuation of the market rent of the subject property by the next date. The appellant will file the affidavit along with the valuation report before the next date of hearing. The learned counsel for the respondent on the other hand submits that the market rent of the said property is around 15,000/- per month. However, he has fairly stated that his client will again verify and submit the valuation certificate along with the report before the next date of hearing. Let the same be done by both sides on or before the next date of hearing.
FPA-PMLA-1600/COCHIN/2017
Page 2 of 3
Both sides are directed to maintain status qua the subject property
till the next date of hearing.
List on 27th March, 2017.
(Justice Manmohan Singh) Chairman
(Kaushal Srivastava)
Member
(Anand Kishore)
Member
New Delhi, 13th January, 2017.
‘K’
FPA-PMLA-1600/COCHIN/2017
Page 3 of 3
Laila Siddique
Deputy Director Directorate of Enforcement
Manmohan Singh
Kaushal Srivastava
Anand Kishore
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
