Disposed

FPA-PMLA-1792/BNG/2017 of M/s Devas Multimedia Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Bangalore

ATFP1 Jun 2017FPA-PMLA-1792/BNG/2017

Case brief

AI extract

What is this about?

The tribunal deferred the maintainability appeal by consent. It allowed extra time to the appellant to file a reply despite missing documents, cancelled an earlier date, and scheduled further hearing.

What did the court decide?

Appellant given six weeks to file reply; maintainability of appeal kept open; hearing fixed for 28 August 2017.

FPA-PMLA-1792/BNG/2017 of M/s Devas Multimedia Pvt. Ltd. v/s The… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3500/BNG/2017 (Stay) MP-PMLA-3501/BNG/2017 (Exp) FPA-PMLA-1792/BNG/2017

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M/s Devas Multimedia Pvt. Ltd.

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… Appellant

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Versus

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The Deputy Director Directorate of Enforcement, Bangalore

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	: Mr. Rajiv Nayyar, Senior Advocate Mr. Omar Ahmad, Advocate Mr. Arjun Dewan, Advocate
For the Respondent	: Mr. S. A. Saud, Advocate
For the Respondent No. 3 & 4	: Mr. Gautam Khazanchi, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI B. K. BANSAL	: MEMBER

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ORDER 01.06.2017

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FPA-PMLA-1792/BNG/2017

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The present appeal has been filed by the appellant under Section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 19^th May, 2017. The contention of the appellant is that the details of the document mentioned in Para 3 at Sr. No. (d), (e), (f), (g), (h) and (i) of the appeal have not been supplied, therefore, the reply could not be filed. We have heard the learned Counsel for both the parties for some time. The time limit of 180 days for decision by the Adjudicating Authority is expiring on 20^th August, 2017. As far as the objection raised by Mr. S. A. Saud learned Counsel for the respondent with regard to the maintainability of the appeal is considered, it is agreed between both the parties that this issue may be kept open. With regard to the documents mentioned in Para 3 at Sr. No. (d) and (i). The learned Counsel for the respondent submits that copies thereof shall be supplied by the 02^nd June, 2017.

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FPA-PMLA-1792/BNG/2017

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Page 1 of 2

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As regards the documents at Sr. No. (e), (f), (g) and (h) of Para 3, the learned Counsel for the respondent submits that they are trying their best to get the copy of the documents from the proforma Respondent No. 2 in this appeal. As soon as the said documents are available in the possession of the respondent, the same would be supplied to the appellant. In the meanwhile, Mr. Rajiv Nayyar, Senior Advocate appearing on behalf of the appellant submits that in case the said documents are not supplied within two weeks, still the reply would be filed within three weeks, after the expiry of two weeks. We may clarify that if the said documents are not supplied within two weeks, the appellant may raise the objection in the reply and move its submission before the Adjudicating Authority. Appellant shall file the reply before the Adjudicating Authority. The date fixed by the Adjudicating Authority on 06^th June, 2017 is cancelled. After filing of the reply by the appellant, the matter may be heard by the Adjudicating Authority by 15^th July, 2017.

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As regards the objection raised by the learned counsel for the respondent about the maintainability of the appeal Mr. S. A. Saud, Advocate is granted six weeks time to file the reply/written synopsis. We keep this question open as agreed by both parties.

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List this matter on 28^th August, 2017.

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

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Appellant is directed to serve the copy of this order to the Adjudicating Authority.

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(Justice Manmohan Singh) Chairman

(B. K. Bansal)

Member

New Delhi,

01^st June, 2017

‘AS’

FPA-PMLA-1792/BNG/2017

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FPA-PMLA-1792/BNG/2017 of M/s Devas Multimedia Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Bangalore

Case brief

What is this about?

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FPA-PMLA-1792/BNG/2017 of M/s Devas Multimedia Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Bangalore

Case brief

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