Disposed

FPA-PMLA-1635/MUM/2017 of M/s D.B. Jajodia (Huf) v/s The Deputy Director Directorate of Enforcement, Mumbai

ATFP28 Mar 2017FPA-PMLA-1635/MUM/2017

Case brief

AI extract

What is this about?

This order stayed the operation of a seizure notice under section 8(4) of the PMLA pending disposal of the main appeal. The Tribunal imposed a monthly rent deposit of Rs. 8,000 on the appellant as a condition for the stay.

What did the court decide?

Stay on operation of section 8(4) notice subject to deposit of Rs. 8,000 per month.

FPA-PMLA-1635/MUM/2017 of M/s D.B. Jajodia (Huf) 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-3224/MUM/2017

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FPA-PMLA-1635/MUM/2017

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M/s D.B. Jajodia (HUF)

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… Appellant/Applicant

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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 appellant : Shri Aashutosh Srivastava, 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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28.03.2017

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MP-PMLA-3224/MUM/2017 & FPA-PMLA-1635/MUM/2017

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This order is passed in continuation with the order dated 20^th February, 2017. The main appeal is coming up on 8^th May, 2017. After passing of the last order, the respondent has issued the notice under section 8(4) of the Act on 28^th February, 2017 which was received by the Appellant on 17^th March, 2017. The prayer is made by the Appellant that the operation of the notice be stayed so that the possession of the Flat in question may not be taken by the Respondent. The details of the said Flat reads as under:

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“Flat No. B-603, Lakshachandi Heights, Gokuldham, Goregaon, Mumbai- 400 063”

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FPA-PMLA-1635/MUM/2017

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Page 1 of 2

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The learned Counsel for the Appellant submits that the Appellant is already in judicial custody. The wife of the Appellant and children are residing in the said Flat. The Appellant as well as other members of the family undertake not to dispose of the said Flat in any manner to any third party till the appeal is finally decided. The learned Counsel for the Appellant submits that the rental value of the said Flat, at present, is Rs. 7,000/- to Rs. 8,000/-.

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Mr. Nitesh Rana, learned Counsel for the Respondent submits that the rental value of the said Flat is more than Rs. 10,000/-. Considering the overall facts and circumstances, we are inclined to stay operation of the notice under section 8(4) of the Act subject to deposit of Rs. 8,000/per month w.e.f. 2^nd December, 2016 by the Appellant till the disposal of the appeal. The arrears as well as the current amount fixed by us shall be deposited by the Appellant on or before 30^th April, 2017 and thereafter the Appellant shall continue to deposit the Rs. 8,000/- per month with the Respondent on every month by 7^th .

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Copy of the order be given ‘dasti’ to both the parties.

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Subject to the above conditions the operation of the notice under

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section 8(4) of the Act dated 28^th February, 2017 shall remain stayed.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava) Member

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(Anand Kishore)

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Member

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New Delhi, 28^th March, 2017 „R‟

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FPA-PMLA-1635/MUM/2017

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Page 2 of 2

FPA-PMLA-1635/MUM/2017 of M/s D.B. Jajodia (Huf) v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1635/MUM/2017 of M/s D.B. Jajodia (Huf) v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

What is this about?

What did the court decide?

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