Disposed

FPA-PMLA-1688/CHN/2017 of D. Kotieswari v/s The Deputy Director Directorate of Enforcement, Chennai

ATFP8 Mar 2017FPA-PMLA-1688/CHN/2017

Case brief

AI extract

What is this about?

The Appellate Tribunal noted that notice was issued and time was granted to file the reply in the PMLA appeal. A stay application regarding property possession under s. 8(4) was listed for consideration with the current operation of the notice stayed pending further orders.

What did the court decide?

Time granted to respondent to file reply; stay on operation of section 8(4) notice pending verification of rent and valuation reports.

FPA-PMLA-1688/CHN/2017 of D. Kotieswari v/s The Deputy Director… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3262/CHN/2017 (E.H.) MP-PMLA-3252/CHN/2017 (Stay) &

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FPA-PMLA-1688/CHN/2017

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D. Kotieswari … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Chennai … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri B. Kumar, Sr. Advocate Shri Naveen Malhotra, Advocate For the respondent : Shri S.K. Sharma, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER

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ORDER 08.03.2017

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FPA-PMLA-1688/CHN/2017

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The appellant has filed the appeal under section 26 of PMLA against

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the order dated 2^nd February, 2017. Notice is issued to the respondent. The learned counsel for the respondent accepts the notice and seeks time to file the reply. Let the same be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

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List the appeal for final hearing on 31^st July, 2017.

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FPA-PMLA-1688/CHN/2017

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Page 1 of 3

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MP-PMLA-3252/CHN/2017 (Stay)

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Issue notice to the learned counsel for the respondent who seeks time to file the reply. The prayer is pressed by the learned counsel for the appellant. List this application for consideration on 21^st March, 2017.

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It is a matter of fact that the respondent has issued the notice under section 8(4)of the Act after passing the impugned order. With regard to the FDs is concerned the statement is made on behalf of the respondent that FD’s has been transferred in the name of Enforcement Directorate therefore, we are not inclined to pass the order at this stage without deciding the stay application. The other prayer is made by the learned counsel for the appellant that as per the notice dated 2^nd March, 2017 under section 8(4), the respondent intends to take the possession of the three properties as per the details therein.

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The learned counsel for the appellant does not deny that the properties are rented out to tenants. He agrees to file the affidavit that how much rent is being received by the appellant from the tenants. The learned counsel for the appellant has also informed us that the appellant’s family is residing in Hyderabad in rented accommodation. In the affidavit, the rent the appellant is paying in respect of such premises be also mentioned so that appropriate order be passed. The learned counsel for the respondent seeks time to verify the position and to file the valuation report in respect of market rent of the allotted properties on or before the next date.

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Under these circumstances, list on 21^st March, 2017. Till that time, operation of the notice under section 8(4) with regard to the immovable properties shall remain stayed.

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FPA-PMLA-1688/CHN/2017

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Page 2 of 3

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

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(Justice Manmohan Singh) Chairman

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(Kaushal Srivastava)

Member

(Anand Kishore)

Member

New Delhi,

8^th March, 2017

‘d’

FPA-PMLA-1688/CHN/2017

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Page 3 of 3

FPA-PMLA-1688/CHN/2017 of D. Kotieswari v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

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FPA-PMLA-1688/CHN/2017 of D. Kotieswari v/s The Deputy Director Directorate of Enforcement, Chennai

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