Disposed

FPA-PMLA-1791/MUM/2017 of Neresh Harish Suvarana v/s The Deputy Director Directorate of Enforcement, Mumbai

ATFP30 May 2017FPA-PMLA-1791/MUM/2017

Case brief

AI extract

What is this about?

The appellate tribunal listed the appeal for future hearing, directed the filing of the reply, and granted an interim order imposing a monthly deposit towards user and occupation charges for attached properties used by the appellant as a residence pending the decision on the impugned attachment order.

What did the court decide?

Interim order directing appellant to deposit Rs. 7,000 per month as user and occupation charges; stay of attachment pending compliance.

FPA-PMLA-1791/MUM/2017 of Neresh Harish Suvarana 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-3495/MUM/2017 (U.H.) MP- PMLA-3496/MUM/2017 (COD) MP- PMLA-3497/MUM/2017 (STAY) MP- PMLA-3498/MUM/2017 (Exm) FPA-PMLA-1791/MUM/2017

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Neresh Harish Suvarana … Applicant/Appellant

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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 : Shri Mirinal Kumar, Advocate For the respondent : Mr. S.K Sharma, Advocat

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

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ORDER 30.05.2017

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MP- PMLA-3496/MUM/2017 (COD), FPA-PMLA-1791/MUM/2017

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The appeal has been filed under Section 26 of the Prevention of Money Laundering Act, 2002. Alongwith the appeal, the appellant has filed an application for condonation of delay of 209 days. The learned counsel for the respondent is opposing the said prayer and seeks time to file the reply. Let the reply be filed within six weeks. As far as the appeal is concerned i.e. FPA-PMLA-696/LKW/2014, the notice will also consider for deciding the application for condonation of delay.

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In the meanwhile, the appeal is re-notified for 8^th September, 2017.

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MP- PMLA-3497/MUM/2017 (STAY)

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The above mentioned application has been filed by the counsel for the appellant. The learned counsel for the appellant is pressing for interim order in view of the notice issued by the respondent under Section 8(4) of the Act. By virtue of the confirmation order passed to attach the two

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FPA-PMLA-1791/MUM/2017

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properties. Mr. Naresh, Appellant is also present before us. He submits that this property being 2 flats conjointly one used by the appellant for own residential purposes. Without prejudice, the appellant is willing to pay certain amount till the next date. In these circumstances, the appellant is directed to deposit to sum of Rs. 7,000/- per month as user and occupation charges. Said deposit shall be considered as without prejudice, the same shall be deposited till the order is modified. As far as arear from the date of passing impugned order, the same shall be deposited within four weeks from today. The appellant undertakes to continue paying the use and occupation charges every month till the appeal is finally decided. MP is accordingly disposed of.

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We may clarify that if the order is not complied with by the appellant, the same would be vacated on the next date of hearing.

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

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List on 8^th September, 2017.

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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, 30^th May, 2017

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‘K’

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FPA-PMLA-1791/MUM/2017

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FPA-PMLA-1791/MUM/2017 of Neresh Harish Suvarana v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

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FPA-PMLA-1791/MUM/2017 of Neresh Harish Suvarana v/s The Deputy Director Directorate of Enforcement, Mumbai

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