FPA-PMLA-1634/MUM/2017 of United Breweries (Holdings) Ltd. v/s The Deputy Director Directorate of Enforcement, Mumbai

ATFP20 Jul 2017FPA-PMLA-1634/MUM/2017

Case brief

AI extract

What is this about?

The Tribunal addressed an application following a notice under section 8(4) of the PMLA regarding property possession. Noting an admitted winding-up order by the Karnataka High Court, it issued notice to the respondent for a reply while allowing time for filing.

What did the court decide?

Notice issued to respondent to clarify property possession; time granted to file reply.

FPA-PMLA-1634/MUM/2017 of United Breweries (Holdings) Ltd. v/s… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3625/MUM/2017 (STAY) MP-PMLA-3128/MUM/2017 (STAY) & FPA-PMLA-1634/MUM/2017

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United Breweries (Holdings) Ltd. … Appellant/Applicant

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Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondents

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Advocates/Authorized Representatives who appeared

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For the Appellants	:	Mr. Gurukrishna Kumar, Sr. Advocate Mr. Ankur Saigal, Advocate Mr. Munjaal Bhatt, Advocate Mr. Himanshu Satija, Advocate
For the Respondent	:	Shri Rajeev Awasthi, Advocate
CORAM
JUSTICE MANMOHAN SINGH	:	CHAIRMAN
SHRI ANAND KISHORE	:	MEMBER

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ORDER 20.07.2017

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FPA-PMLA-1634/MUM/2017 & MP-PMLA-3625/MUM/2017 (STAY)

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A fresh application has been filed i.e. MP-PMLA-3625/MUM/2017 (STAY) in view of the notice dated 03^rd July, 2017 issued by the respondent under section 8(4) of the Prevention of Money Laundering Act, 2002. In the notice, it is admitted by the respondent that Shri A. Raghunathan has occupied the said property i.e. 604-iiB, Wallace Apartments, Nausher Bharucha Road, Grant Road (W), Mumbai- 400007. Issue notice to the respondent. Mr. Rajeev Awasthi, ld. Counsel for the respondent seeks some time to file the reply. Let the same be filed within two weeks.

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It is also an admitted position between the parties that the winding up order has been passed by the Hon’ble High Court of Karnataka on 07^th February, 2017. The Paras 212, 213 and 214 of the said order are as under:

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FPA-PMLA-1767/MUM/2017

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Page 1 of 2

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“212. This winding up order be published in „The Hindu‟ and „Udayavani‟ having circulation in Karnataka in terms of Rule 114 of Companies (Court) Rules, 1959, read with relevant provisions and notice of this order may also be sent to Official Liquidator, Regional Director and the Registrar of Companies, Karnataka, the Respondent- Company itself and the petitioners.

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213. The Official Liquidator is appointed as the Liquidator of the said Company and is further directed to proceed further in accordance with the provisions of the Act and Company Court Rules, in pursuance of this Winding Up order.

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214. The Official Liquidator may file a status report within a period of four weeks from today about taking over the control and possession of the assets of the Respondent-Company, UBHL and also about the pending litigation or cases against the Respondent, UBHL at various other Forums/Courts or Tribunals or before this Court, within a period of four weeks.”

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List on 21^st August, 2017.

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(Justice Manmohan Singh) Chairman

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(Anand Kishore)

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Member

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New Delhi, 20^th July, 2017

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‘AS’

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FPA-PMLA-1767/MUM/2017

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Page 2 of 2

FPA-PMLA-1634/MUM/2017 of United Breweries (Holdings) Ltd. v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

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FPA-PMLA-1634/MUM/2017 of United Breweries (Holdings) Ltd. v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

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