The Adjudicating Authority listed an appeal that had become ready for hearing. The Authority clarified that security/possession matters under Section 8(4) of PMLA will be decided on merit only after the statutory notice is issued.
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-3193/MUM/2017 (STAY) & FPA-PMLA-1665/MUM/2017
Dilip Khaire & Ors. … Appellants/Applicants Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondent
… Respondent
Advocates/Authorized Representatives who appeared
| For the appellants | : Ms. Manali Singhal, Advocate |
|---|---|
| For the respondent | : Shri S.A. Saud, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI KAUSHAL SRIVASTAVA | : MEMBER |
| SHRI ANAND KISHORE | : MEMBER |
ORDER 21.03.2017
MP-PMLA-3193/MUM/2017 (STAY) & FPA-PMLA-1665/MUM/2017
A fresh Appeal has been filed against the order dated 20th January, 2017. Issue notice to the Respondent. Mr. S.A. Saud, Advocate for the Respondent accepts notice and states that no reply is necessary and the appeal may be listed on 25th April, 2017 when the connected matters are also listed. List this matter on 25th April, 2017.
The learned Counsel for the Appellants is pressing for interim order. However, she agrees that notice under Section 8(4) has not been received. Mr. S.A. Saud, learned Counsel for the Respondent submits that in case the Respondent intends to take the possession of the properties, the notice will be issued in accordance with the law and copy thereof of the notice would also be served to the Appellants and the Counsel so that, if necessary, the Appellants may press the interim order.
FPA-PMLA-1665/MUM/2017
Page 1 of 2
We may clarify that as and when any interim application is filed, once the notice under Section 8(4) of PMLA is issued, the same will be decided on merit.
(Justice Manmohan Singh) Chairman
(Kaushal Srivastava) Member
(Anand Kishore) Member
New Delhi,
21st March, 2017
‘R’
FPA-PMLA-1665/MUM/2017
Page 2 of 2
2 issues framed by the court
Whether to grant an interim order regarding possession of properties pending notice under Section 8(4) of PMLA.
Whether the adjudicating authority's satisfaction under Section 8(4) of PMLA is a condition precedent for the application.
1 provisions across 1 enactments
Dilip Khaire & Ors.
The Deputy Director Directorate of Enforcement, Mumbai
Manmohan Singh
Kaushal Srivastava
Anand Kishore
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
