Disposed

FPA-PMLA-1666/MUM/2017 of Pankaj Bhujbal & Ors. v/s The Deputy Director Directorate of Enforcement, Mumbai

ATFP28 Jun 2017FPA-PMLA-1666/MUM/2017

Case brief

AI extract

What is this about?

The tribunal stayed the operation of a notice u/s 8(4) PMLA regarding properties no. 2, 5, and 7 for Pankaj Bhujbal until the next hearing, considering arguments about property usage and possession while allowing verification time.

What did the court decide?

Stay on the notice u/s 8(4) regarding properties no. 2, 5, and 7 until 13.7.2017; interim 'dasti' to both sides.

FPA-PMLA-1666/MUM/2017 of Pankaj Bhujbal & Ors. 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-3561/MUM/2017 (Stay) MP-PMLA-3194/MUM/2017 (Stay) FPA-PMLA-1666/MUM/2017

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Pankaj Bhujbal & Ors.

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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	: Ms. Manali Singhal, Adv. Shri Karan Vyas, Advocate Shri Santosh Sachin, Advocate
For the respondent	: Shri S.A. Saud, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI KAUSHAL SRIVASTAVA	: MEMBER
SHRI ANAND KISHORE	: MEMBER

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ORDER

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28.06.2017

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MP-PMLA-3561/MUM/2017 (Stay)

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The impugned order in the above said matter was passed on 22^nd January, 2017. The notice u/s 8(4) has been issued after more than four months. The appeal is already coming up for final disposal on 17^th August, 2017.

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The appellant left with no option but to file the application in view of notice received u/s 8(4) of the Act seeking stay of the following properties:-

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SR. NO.	DETAILS OF PROPERTY	PURCHASER	CURRENT STATUS
1.	Non Agricultural Land CTS No-	M/s Growth	Property sold to Heena
	57011/2(2), Plot no-(B)A,	Infrastructure Pvt.	Trading Company before

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FPA-PMLA-1666/MUM/2017

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Page 1 of 4

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	admeasuring 1260.38 sq. Meters, Nasik, Tal & District -Nasik	Ltd.	receipt of Provisional Attachment Notice.
2.	Land bearing CTS no-6697 a admeasuring 1039.67 sq Meters together with structure standing thereon in Tal and District Nasik	M/s Growth Infrastructure Pvt. Ltd.	Used for home workers and temporary labours from sugar factory and other sisters concers in temporary basis free of cost which otherwise would be a cost to the company.
3.	Non Agricultural Land bearing old survey no. 19/1B and 19/1C new Gut no. 19/2 admeasuring 111H-89R equivalent to 189000 sq meters village- Shirdi, Tal Rahata District - Ahmadnagar	M/s Growth Infrastructure Pvt. Ltd.	Open Plot of Land, Vaccant N/A Land. Physical possession with Applicant. Symbolic with ED
4	Plot No 74, Area 12144 Squre Meters, Satpur MIDC, Nashik.	M/s Armstrong Energy Pvt. Ltd.	Plot with Industrial Structure. Physical possession with Applicant. Symbolic with ED.
5	Gat no. 277/1-3 H+54 R Area Gat no. 277/2-3 H+54 R Area Gat No-277/3-92 R Area in Indore, Taluka –Dindori Dist- Nasik	M/s Bhujbal Wines Pvt. Ltd.	Agricultural Land for growing grapes. Grape Plants have a life span of 25 years and if not taken care such plants will die and the entire investment will lapse.
6.	Land comprising area 390.93 sq mtr. Having CTS no. 791/1A+79712/A/46+47 inside plot no. 46+47,Nashik	M/s Armstrong Energy Pvt. Ltd.	Plot with Old constructed structures. Physical possession with Applicant symbolic ED.
7.	Survey No-157/A1 (old Survey No- 157/A-1/2+1 total Area-0.16 R+ constructed area 783.18 Sq. Mtrs. Including ground Floor + 1 Floor.	M/s Bhujbal Wines Pvt. Ltd.	Family and relatives of Pankaj Bhujbal Residing in the Residential Bunglow during visit to Manmad. It’s the constituency of Pankaj Bhujbal and all the political office of Mr. Pankaj Bhujbal is operated from this property.

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As far as the property no. 1 is concerned, the interim order of stay has already been passed by this tribunal in separate appeal filed by Heena, and after hearing of the parties.

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The learned counsel for the appellant upon instruction submits that the appellant is not pressing the prayer of the application pertaining to Property no. 3, 4 & 6 as the symbolic possession has already been taken by the respondent. The prayer is sought in respect of properties shown at serial no. 2, 5 & 7

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FPA-PMLA-1666/MUM/2017

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Page 2 of 4

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The prayer is strongly opposed by the learned counsel for the respondent who submits that it is a luxury of proceeds of crime. He seeks time to file the reply. Let the reply be filed within one week with an advance copy to the counsel for the appellant, who may file the rejoinder before the next date of hearing.

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As regards property no 2, the learned counsel for the appellant submits that no amount is being generated from the said property. The respondent seeks time to verify the same and in case some amount is being generated by the appellant or through his representative, the appropriate conditional order would be passed on the next date of hearing after hearing of both parties. As regards property no.7, the said property is being used by family, relative of Pankaj Bhujbal and it is also a political office of Pankaj Bhujbal which is operating from the said property.

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The learned counsel for the appellant submits that she will take the instruction to deposit the reasonable amount on the next date of hearing with regards to use and occupation charges. The position is similar in case of property no. 5. In the meanwhile, the respondent is also allowed to verify the position at the site. All the objections raised by the learned counsel for the respondent orally would also be considered at the time of disposal of the application which is fixed on 13^th July, 2017.

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The appellant has already made the statement in the application that the appellant shall not dispose of or create third party interest in the property no. 2, 5 & 7 as mentioned above. We accept the said statement made in the application.

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FPA-PMLA-1666/MUM/2017

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Page 3 of 4

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In view of aforesaid reasons, till the next date of hearing operation of notice under section 8(4) dated 8^th June, 2017 in relation to only properties no. 2, 5 & 7 as mentioned shall remain stayed.

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Order be given “ dasti” to both sides.

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava) Member

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(Anand Kishore) Member

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New Delhi, 28^th June, 2017

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‘s’

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FPA-PMLA-1666/MUM/2017

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FPA-PMLA-1666/MUM/2017 of Pankaj Bhujbal & Ors. v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

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FPA-PMLA-1666/MUM/2017 of Pankaj Bhujbal & Ors. v/s The Deputy Director Directorate of Enforcement, Mumbai

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