Disposed

FPA-PMLA-161/LKW/2011 of Ibrahim Ekka v/s The Deputy Director Directorate of Enforcement, Patna

ATFP6 Feb 2017FPA-PMLA-161/LKW/2011

Case brief

AI extract

What is this about?

The Appellate Tribunal held that previous stay orders maintaining status quo remain valid despite new eviction notices. It directed the respondent to maintain status quo pending final disposal and listed appeals for hearing.

What did the court decide?

Status quo maintained; Respondent directed to prevent eviction pending disposal.

FPA-PMLA-161/LKW/2011 of Ibrahim Ekka v/s The Deputy Director… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3149/PAT/2017 (Stay) FPA-PMLA-50/PAT/2010 : Anosh Ekka & MP-PMLA-3150/LKW/2017 (Stay) FPA-PMLA-159/LKW/2010 : Anosh Ekka & MP-PMLA-3151/LKW/2017 (Stay) FPA-PMLA-160/LKW/2011 : Smt. Menon Ekka & MP-PMLA-3152/LKW/2017 (Stay) FPA-PMLA-161/LKW/2011 : Ibrahim Ekka & MP-PMLA-3153/LKW/2017 (Stay) FPA-PMLA-164/LKW/2011 : M/s Vedika Datamatics P. Ltd. & MP-PMLA-3154/LKW/2017 (Stay) FPA-PMLA-165/LKW/2011 : M/s Ekka Constructions P ltd. & MP-PMLA-3155/LKW/2017 (Stay) FPA-PMLA-166/LKW/2011 : M/s Motorist Inn. P Ltd.

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Versus

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The Deputy Director Directorate of Enforcement, Patna

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Rajiv Awasthi, Advocate
For the respondent	: Shri Nitesh Rana, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI KAUSHAL SRIVASTAVA	: MEMBER
SHRI ANAND KISHORE	: MEMBER

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ORDER

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06.02.2017

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MP-PMLA-3149/PAT/2017 (Stay) & FPA-PMLA-50/PAT/2010, MP-PMLA-3150/LKW/2017 (Stay) & FPA-PMLA-159/LKW/2010, MPPMLA-3151/LKW/2017 (Stay) & FPA-PMLA-160/LKW/2011, MP-

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FPA-PMLA-50/PAT/2010, FPA-PMLA-159,160,161,164,165&166/LKW/2011

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Page 1 of 3

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PMLA-3152/LKW/2017 (Stay) & FPA-PMLA-165/LKW/2011, MPPMLA-3154/LKW/2017 (Stay) & FPA-PMLA-161/LKW/2011

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A fresh applications have been filed by the appellant for granting the stay against the notice of eviction dated 12^th January, 2017 issued by the respondent under section 8(4) of the Act.

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Contention of learned counsel for the appellant is that despite the status quo order granted by this Tribunal vide order dated 19.09.2011 and 22.9.2011, the department has issued eviction notice u/s 8(4) of the Act. The said appeals were subsequently listed on various dates and various orders were passed time to time. Particularly the order dated 22^nd September, 2011 in which all the 5 present appeals were listed and in the order, it was specifically mentioned that the status quo order shall be maintained. The said order has not been vacated by this Tribunal. As such, we are of the view that the stay order which was passed in respect of 5 appeals is still continuing no eviction notice ought to have been issued by the department. In case they had any confusion, they shall take necessary steps in this regard.

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The interim order dated 22.09.2016 for maintaining status quo is continued till the disposal of the appeal.

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List all the appeals on 1^st March, 2017.

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FPA-PMLA-164/LKW/2011, MP-PMLA-3154/LKW/2017 (Stay) & FPAPMLA-166/LKW/2011, MP-PMLA-3155/LKW/2017 (Stay)

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As regards the Misc. applications for stay in respect of FPA-PMLA164/LKW/2011 & FPA-PMLA-166/LKW/2011, these appeals also arise from the same O.C. as in the case of other 5 appeals mentioned above. As the facts in all the seven appeals are similar and the appeals are to be

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FPA-PMLA-50/PAT/2010, FPA-PMLA-159,160,161,164,165&166/LKW/2011

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Page 2 of 3

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heard finally shortly, the respondent is directed to maintain the status

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quo in respect of these two appeals also.

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The applications are accordingly disposed off.

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List all the appeals on 1^st March, 2017.