Allowed

FPA-PMLA-1770/AHD/2017 of Pradeep N. Sharma v/s The Deputy Director Directorate of Enforcement, Ahmedabad

ATFP29 May 2017FPA-PMLA-1770/AHD/2017

Case brief

AI extract

What is this about?

This interlocutory order deals with three files: condonation of delay in appeal is allowed; notice is issued for appeal under Section 26 PMLA; notice is issued for stay application and status quo in attached property is directed.

What did the court decide?

Application for condonation of delay allowed; appeal listed for hearing; stay application listed with direction to maintain status quo.

FPA-PMLA-1770/AHD/2017 of Pradeep N. Sharma 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-3461/AHD/2017 (Stay) MP-PMLA-3462/AHD/2017 (COD) FPA-PMLA-1770/AHD/2017

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Pradeep N. Sharma … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Ahmedabad … Respondent

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant : Shri Sumit R. Sharma, Advocate For the Respondent : Shri Vikas Garg, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI KAUSHAL SRIVASTAVA : MEMBER SHRI ANAND KISHORE : MEMBER

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ORDER 29.05.2017

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MP-PMLA-3462/AHD/2017 (COD)

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Along with the appeal, the application for Condonation of Delay of six days in filing the appeal has also been filed. It is stated in the application that the appellant is in judicial custody and is lodged at the Sabarmati Central Jail, Ahmedabad, Gujarat since 31^st July, 2016. Appellant was on parole for three days from 08^th April, 2017 to 10^th April, 2017. The appellant signed the papers of the appeal during the course of the parole. The reasons for delay are explained in the various Paras of the application. The respondent has no objection to the condonation of the delay. In view of the facts and circumstances, the application is allowed. The delay in filing the appeal is condoned.

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FPA-PMLA-1770/AHD/2017

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A fresh appeal has been filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 08^th March, 2017. Issue notice to

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FPA-PMLA-1770/AHD/2017

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Page 1 of 2

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the respondent. Mr. Vikas Garg, Learned Counsel of 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 Learned Counsel of the appellant who may file the rejoinder four weeks thereafter.

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List this appeal on 25^th September, 2017.

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MP-PMLA-3461/AHD/2017 (Stay)

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The above mentioned application has been filed for stay by the appellant against the order dated 08^th March, 2017. The Learned Counsel for the respondent seeks time to file the reply. Let the same be filed within six weeks with an advance copy to the learned Counsel of the appellant who may file the rejoinder within four weeks thereafter. Till the next date of hearing, both the parties are directed to maintain the ‘status quo’ in respect of the attached property. However, the order of attachment of the property will continue. The appellant is directed not to dispose of or create any third party right and interest in the attached property. Later on Mr. Sumit R. Sharma, Learned Counsel appearing on behalf of the appellant has mentioned the matter who has been apprised of the order passed by this tribunal.

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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, 29^th May, 2017 ‘AS’

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FPA-PMLA-1770/AHD/2017

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FPA-PMLA-1770/AHD/2017 of Pradeep N. Sharma v/s The Deputy Director Directorate of Enforcement, Ahmedabad

Case brief

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FPA-PMLA-1770/AHD/2017 of Pradeep N. Sharma v/s The Deputy Director Directorate of Enforcement, Ahmedabad

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