Disposed

FPA-PMLA-1813/CHN/2017 of Ms. Aiswariya Rock Exports v/s Deputy Director, Directorate of Enforcement, Pmla

ATFP19 Jun 2017FPA-PMLA-1813/CHN/2017

Case brief

AI extract

What is this about?

Appellate Tribunal allowed interim stays in money laundering appeals concerning five properties. The court directed appellants to deposit user charges and prohibited alienation of properties until disposal, deferring verification of lease details.

What did the court decide?

Interim stay granted on impugned orders regarding five properties, contingent on deposit of user charges and prohibition on alienation.

FPA-PMLA-1813/CHN/2017 of Ms. Aiswariya Rock Exports v/s Deputy… — Money Laundering | ATFP (2017)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

MP-PMLA-3544/CHN/2017 (E.H.) MP-PMLA-3545/CHN/2017 (Stay) MP-PMLA-3546/CHN/2017 (Stay)

¶3

¶4

FPA-PMLA-1813/CHN/2017

¶5

Ms. Aiswariya Rock Exports … Appellant Vs. Deputy Director, Directorate of Enforcement, PMLA … Respondent

¶6

AND

¶7

MP-PMLA-3547/CHN/2017 (E.H.) MP-PMLA-3548/CHN/2017 (Stay) MP-PMLA-3549/CHN/2017 (Stay)

¶8

& FPA-PMLA-1814/CHN/2017 S. Sankaranarayan … Appellant Vs. Deputy Director, Directorate of Enforcement, PMLA … Respondent

¶9

AND

¶10

MP-PMLA-3550/CHN/2017 (E.H.) MP-PMLA-3551/CHN/2017 (Stay) MP-PMLA-3552/CHN/2017 (Stay)

¶11

& FPA-PMLA-1815/CHN/2017

¶12

S. Madhvi Selvanachiar … Appellant Vs. Deputy Director, Directorate of Enforcement, PMLA … Respondent

¶13

Advocates/Authorized Representatives who appeared

¶14

For the appellant : Shri B. Kumar, Senior Advocate & Shri Naveen Malhotra, Advocate For the respondent : Shri Atul Tripathi, Advocate for Ms. Shilpi Satyapriya Satyam, Advocate

¶15

MP-PMLA-3553/CHN/2017 (E.H.) MP-PMLA-3554/CHN/2017 (Stay) MP-PMLA-3555/CHN/2017 (Stay)

¶16

FPA-PMLA-1813/CHN/2017, FPA-PMLA-1814/CHN/2017, FPA-PMLA-1815/CHN/2017, FPA-PMLA-1816/CHN/2017, FPA-PMLA-1817/CHN/2017

¶17

Page 1 of 5

¶18

& FPA-PMLA-1816/CHN/2017 P.K. M. Selvam … Appellant Vs. Deputy Director, Directorate of Enforcement, PMLA … Respondent MP-PMLA-3556/CHN/2017 (E.H.) MP-PMLA-3557/CHN/2017 (Stay) MP-PMLA-3558/CHN/2017 (Stay) & FPA-PMLA-1817/CHN/2017 Smt. Poonguzhali … Appellant Vs. Deputy Director, Directorate of Enforcement, PMLA … Respondent

¶19

Advocates/Authorized Representatives who appeared

¶20

For the appellant :	Shri S.Nithin, Advocate, Ms. Sonali Karwasra, Advocate & Ms. Arunima Singh, Advocate
For the respondent :	Shri Atul Tripathi, Advocate for Ms. Shilpi Satyapriya Satyam, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI KAUSHAL SRIVASTAVA	: MEMBER
SHRI ANAND KISHORE	: MEMBER

¶21

ORDER

¶22

19.06.2017

¶23

MP-PMLA-3544/CHN/2017 (E.H.), MP-PMLA-3545/CHN/2017 (Stay), MP-PMLA-3546/CHN/2017 (Stay) & FPA-PMLA-1813/CHN/2017 &

¶24

MP-PMLA-3547/CHN/2017 (E.H.), MP-PMLA-3548/CHN/2017 (Stay), MP-PMLA-3549/CHN/2017 (Stay) & FPA-PMLA-1814/CHN/2017

¶25

¶26

MP-PMLA-3550/CHN/2017 (E.H.), MP-PMLA-3551/CHN/2017 (Stay), MP-PMLA-3552/CHN/2017 (Stay) & FPA-PMLA-1815/CHN/2017

¶27

¶28

MP-PMLA-3553/CHN/2017 (E.H.), MP-PMLA-3554/CHN/2017 (Stay), MP-PMLA-3555/CHN/2017 (Stay) & FPA-PMLA-1816/CHN/2017

¶29

¶30

MP-PMLA-3556/CHN/2017 (E.H.), MP-PMLA-3557/CHN/2017 (Stay), MP-PMLA-3558/CHN/2017 (Stay) & FPA-PMLA-1817/CHN/2017

¶31

Issue notice for 03.11.2017, Mr. Atul Tripathi, accept the notice in

¶32

appeals. He seeks time to file the reply. Let the same be done within eight

¶33

weeks, rejoinder if any be filed by the next date of hearing.

¶34

FPA-PMLA-1813/CHN/2017, FPA-PMLA-1814/CHN/2017, FPA-PMLA-1815/CHN/2017, FPA-PMLA-1816/CHN/2017, FPA-PMLA-1817/CHN/2017

¶35

Page 2 of 5

¶36

The above mentioned stay applications in the respective appeals have been filed by the respective appellants. Admittedly, notice under Section 8(4) dated 09^th June, 2017 has been received by the appellants. At this stage, all the appellants are pressing the interim order in respect of the following properties:-

¶37

S.No.	Location ofproperty	Held in the n	ame of
1	Residential flat viz., B-117, Chaitanya Shantiniketan “Sunnyvale” measuring 1581 sq. feet, Konnur High Road, Chennai- 600 082 located in Survey No. 182/2, 182/2 part in Ayanavaram Village	Shri Shanka (Appellant in 1814/CHN/2017)	ranarayan FPA-PMLA-
2	Residential flat viz., Flat No. CCE- 151, DLF Commanders Court, Ethiraj Salai, Chennai 600 008 located at Survey No. 1627/1, 1628/4, 1627/3, 1627/3 part in EgmoreVillage	Shri Shanka (Appellant in 1814/CHN/2017) Madhavi Se (Appellant in 1815/CHN/2017)	ranarayan FPA-PMLA- & Smt. lvanachiar FPA-PMLA-
3	Residential building consisting of Ground + First Floor at Plot No. 9 & 10, Iyyanar Main Road, Guru Nagar, Narayanapuram, Madurai 14 located at Survey No. 235/1A of Thallakulam Village	Smt. Madhavs (Appellant in 1815/CHN/2017)	elvanchiar FPA-PMLA-
4	Residential flat viz., Flat No. CCE- 141, DLF Commanders Court, Ethiraj Salai, Chennai 600 008 located at Survey No. 1627/1, 1628/4, 1627/3, 1627/3 part in EgmoreVillage	Shri P.K.M. (Appellant in 1816/CHN/2017)/P (Appellant in 1816/CHN/2017)	Selvam FPA-PMLA- oonguzhali FPA-PMLA-
5	Residential building at RS 213/1, 97/1D, Patta No. 53, Kalikappan 2^nd Bit Village, Karuppayurani Panchayat,Madurai	Shri P.K.M. (Appellant in 1816/CHN/2017)	Selvam FPA-PMLA-

¶38

The properties which are shown at S.No. 1, 2, 3, 5 & 6 of the list of properties attached as mentioned in the PAO as well as in the Section 8(4) notice. The details of the same are discussed as under.

¶39

The learned counsel for the appellant submits that as far as property at S. No. 1 (of the above list) is concerned, the same is occupied by tenant. Property no. 3 which is at Madurai is being used by Shri

¶40

FPA-PMLA-1813/CHN/2017, FPA-PMLA-1814/CHN/2017, FPA-PMLA-1815/CHN/2017, FPA-PMLA-1816/CHN/2017, FPA-PMLA-1817/CHN/2017

¶41

Page 3 of 5

¶42

Shankaranarayan and Smt Madhavaselvanachiar and their family for residential purposes. Pertaining to property no. 2 that is in Chennai, the learned counsel for the appellant stated that the above appellants occasionally use the said property on their visit to Chennai.

¶43

The property shown at as S. No. 5, the statement made by the learned counsel appearing on behalf of the two appellants is that now the said flat has been occupied by the tenant and that the appellant and their family are residing at property S.No. 6.

¶44

Issue notice to the respondent. Mr. Atul Tripathi learned counsel appearing on behalf of the respondent is opposing the prayer made by the learned counsel for the appellant.

¶45

After small hearing, we are inclined to pass the interim order with regard to the five properties mentioned above subject to conditions as specified herein below.

¶46

The learned counsel for the respondent states that he will verify the position of the properties, rent etc. and inform the correct position. It is also submitted by him that he will file an affidavit in this regard alongwith reply within eight weeks. Let the same be done within eight weeks with an advance copy to the learned counsel for appellant. Reply to the affidavit be filed on or before the next date.

¶47

As far as interim order is concerned, the appellant will deposit Rs. 15,000/- each month as user changes for each of the above mentioned properties. No coercive action shall be taken by the respondent in view of the notice issued on 09^th June, 2017 under Section 8(4) of the Act. We may clarify that the said arrangement is purely interim and is subject to

¶48

FPA-PMLA-1813/CHN/2017, FPA-PMLA-1814/CHN/2017, FPA-PMLA-1815/CHN/2017, FPA-PMLA-1816/CHN/2017, FPA-PMLA-1817/CHN/2017

¶49

Page 4 of 5

¶50

the verification regarding the rent etc. The appellants shall not part with, sell or alienate the said properties till the disposal of the appeal.

¶51

The appellants will also file the affidavit alongwith copies of the rent deed/lease deed, if executed. The said deposit shall be treated as without prejudice from the date of passing of the confirmation order. The first installment of the amount from 09.06.2017 till 30^th June, 2017 shall be deposited by the appellant before 07^th July, 2017 and subsequently, the appellant shall keep depositing the amount fixed on every 07^th day of succeeding month.

¶52

List on 03^rd November, 2017.

¶53

The order be given ‘dasti’ to both the parties.

¶54

(Justice Manmohan Singh) Chairman

¶55

(Kaushal Srivastava) Member

¶56

(Anand Kishore) Member

New Delhi,

19^th June, 2017

„A‟

FPA-PMLA-1813/CHN/2017, FPA-PMLA-1814/CHN/2017, FPA-PMLA-1815/CHN/2017, FPA-PMLA-1816/CHN/2017, FPA-PMLA-1817/CHN/2017

¶61

Page 5 of 5

FPA-PMLA-1813/CHN/2017 of Ms. Aiswariya Rock Exports v/s Deputy Director, Directorate of Enforcement, Pmla

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1813/CHN/2017 of Ms. Aiswariya Rock Exports v/s Deputy Director, Directorate of Enforcement, Pmla

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases