The Appellate Tribunal directed the Enforcement Directorate not to take possession of shares pending the outcome of the status quo order under challenge, and listed the matter for further hearing.
Direction not to take possession of shares by the ED till the next date
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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
FPA-PMLA-1740/MUM/2017
Diageo Holdings Netherlands B.V.
… Appellant
Versus The Deputy Director Directorate of Enforcement, Mumbai
… Respondent
Advocates/Authorized Representatives who appeared
| For the Appellant | : Mr. Jayant Mehta, Advocate Mr. Mohit Auluck, Advocate |
|---|---|
| For the Respondent |
: Mr. Rajeev Awasthi, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI KAUSHAL SRIVASTAVA | : MEMBER |
| SHRI ANAND KISHORE | : MEMBER |
ORDER 09.05.2017
FPA-PMLA-1740/MUM/2017
The fresh appeal has been filed under the Prevention of Money Laundering Act, 2002 against the order dated 22nd February, 2017 passed in O.C. No. 639/2016. Issue notice to the Respondent, Mr. Rajeev Awasthi accepts the notice appearing on behalf of the respondent. Let the reply be filed within four weeks with an advance copy to the appellant who may file the rejoinder within four weeks thereafter. In the meanwhile, the appellant will take the necessary steps to serve the defendant no.5, the necessary steps will be taken within one week.
The Learned Counsel appearing on behalf of the respondent submits that as far as the shares in question are concerned, the ‘ statusquo ’ order has already been passed by the DRT though the said order is under challenge. He submits that in the meanwhile, directions be passed not to take the possession of the share by the ED. Mr. Rajeev Awasthi Learned Counsel for the respondent submits that since the FPA-PMLA-1740/MUM/2017 Page 1 of 2
‘status quo’ orders are already operating passed by DRT, the ED cannot take the possession of the share. Anyhow in view of such situation, we direct that till the next date, ED shall not take the possession of the shares in view of facts and circumstances in the above matter.
List on 07th July, 2017.
(Justice Manmohan Singh) Chairman
(Kaushal Srivastava) Member
New Delhi, 09th May, 2017
FPA-PMLA-1740/MUM/2017 Page 2 of 2
Diageo Holdings Netherlands B.V.
The Deputy Director Directorate of Enforcement, Mumbai
Manmohan Singh
Kaushal Srivastava
Anand Kishore
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
