The Tribunal listed appeal and stay application concerning property attachment. It issued notice for eviction proceedings and scheduled hearing for July 31, 2017. Status quo on specific residential property was acknowledged.
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-3246/CHN/2017 MP-PMLA-3247/CHN/2017 (Stay) &
FPA-PMLA-1685/CHN/2017
Smt. S. Kumari
… Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai
… Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri B. Kumar, Advocate Shri Naveen Malhotra, Advocate |
|---|---|
| For the respondent | : Shri Atul Tripathi, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH SHRI KAUSHAL SRIVASTAVA |
: CHAIRMAN : MEMBER |
| SHRI ANAND KISHORE | : MEMBER |
ORDER 21.03.2017
MP-PMLA-3247/CHN/2017 (Stay) & FPA-PMLA-1685/CHN/2017
The appellant Smt. S. Kumari has filed the present appeal under
Section 26 of the Prevention of Money Laundering against the impunged order dated 03rd February, 2017. The appellant submits that the appellant has also received the notice of eviction notice under Section 8(4) of the Act. Issue notice. Mr. Atul Tripathi, Advocate accepts the notice. He seeks time to file the replies within four weeks with an advance copy to the learned counsel for the appellant who may file the rejoinders four weeks thereafter.
List the appeal and stay application on 31st July, 2017.
FPA-PMLA-1685/CHN/2017
Page 1 of 3
MP-PMLA-3246/CHN/2017
The learned counsel appearing on behalf of the appellant is pressing for interim order only in relation to the one of the residential property as item 66. The detail of the same is mentioned below:
The counsel is appearing on behalf of the appellant submits that it is a residential house in which the appellant and his family are residing. The appellant undertakes not to dispose of or alienate the said property till the further directions are issued by this Tribunal. He further submits that at the time of hearing of the application if this Tribunal directs the appellant to deposit the certain amount towards rent he will do the same. Subject to above, parties to maintain Status quo in relation to property No. 66 i.e. No. 54, Sevilimedu Village, under the jurisidiction of Joint Sub Registrar-II, Registration Sub-District, Kanchipuram Taluk, Kanchipuram- Door No. 13, Plot No. 21 in new Survey No. 7/1B5B in the present Patta No. 1822, admeasuring 1500 sq. ft. and situated in Ellappa Nagar, Sevilimedu Village.
Mr. Atul Tripathi, Advocate learned counsel for the respondent submits that the additional affidavit has been filed by the appellant. Alongwith the affidavits, certain documents have also been filed which is not part and parcel of the record of the Adjudicating Authority. The said affidavit will only be considered after hearing the parties.
Mr. Atul Tripathi, Advocate appearing on behalf of the respondent submits that alongwith the reply, the respondent, after verification about FPA-PMLA-1685/CHN/2017 Page 2 of 3
the rental value of the said property, will file the valuation certificate so that at the time of the said application, the said aspect will also be considered.
List this application for 31st July, 2017.
(Justice Manmohan Singh) Chairman
(Kaushal Srivastava) Member
(Anand Kishore)
Member
New Delhi,
21st March, 2017
‘A’
FPA-PMLA-1685/CHN/2017
Page 3 of 3
2 issues framed by the court
Whether to grant interim stay on enforcement actions pending hearing.
Whether to maintain status quo on specific residential property item.
2 provisions across 1 enactments
Smt. S. Kumari
The Deputy Director Directorate of Enforcement, Chennai
Manmohan Singh
Kaushal Srivastava
Anand Kishore
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
