Disposed

FPA-PMLA-1835/BNG/2017 of Smt. Namita Samantara v/s The Deputy Director Directorate of Enforcement, Bangalore

ATFP13 Jul 2017FPA-PMLA-1835/BNG/2017

Case brief

AI extract

What is this about?

The Tribunal adjourned an appeal against an attachment notice under Section 8(4) of the PMLA, noted a procedural defect regarding court fee, and listed the matter for hearing. The court clarified the necessity of a ten-day notice period before possession.

What did the court decide?

Listing for hearing on 27.07.2017; liberty granted to deposit court fee and file original documents.

FPA-PMLA-1835/BNG/2017 of Smt. Namita Samantara 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-3603/BNG/2017 (Misc.) MP-PMLA-3604/BNG/2017 (U. H.) MP-PMLA-3605/BNG/2017 (Interim Relief) &

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FPA-PMLA-1835/BNG/2017

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Smt. Namita Samantara … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Bangalore … Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant : Mr. K. Harshavardhan, Advocate For the Respondent : Mr. Mohammad Faraz, Advocate

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CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

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ORDER 13.07.2017

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MP-PMLA-3604/BNG/2017 (U. H.), MP-PMLA-3605/BNG/2017 (Interim Relief) & FPA-PMLA-1835/BNG/2017

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A fresh application has been mentioned in view of the notice received by the appellant under Section 8(4) of the Act. The appeal has been filed under Section 26 of the Prevention of Money Laundering Act, 2002 challenging the impugned order dated 1^st June, 2017. Along with the appeal, an interim application has also been filed for seeking the stay of the operation of the notice under Section 8(4) of the Prevention of Money Laundering Act, 2002. The Counsel for the appellant submits that the said notice has been received yesterday at 12 Noon and there is an

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FPA-PMLA-1835/BNG/2017

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apprehension that the respondent may take the possession of the attached property.

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On the other hand, learned counsel appearing on behalf of the respondent submits that once the notice is issued the said possession is deemed to be taken. As far as the actual possession is concerned, he says that the appeal may be heard during the next week as there are still nine days left to comply the notice under Section 8(4) of the Act. Learned counsel for the appellant states that in the notice, ten days period is not mentioned. Learned Counsel for the respondent submits that in any case the respondent is not entitled to take the possession of the property as the same is rented. We are of the view that under the statutory provision of the law that ten days notice is necessary. Under these circumstances list the appeal as well as the interim application on 27^th July, 2017. Registry is directed to number the application.

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It appears from the record that the Court Fee has not been deposited by the appellant, the same may be deposited by the appellant within three days from today. The liberty is also granted to the counsel for the appellant to file the actual affidavit along with the original documents as copies of the scanned documents have been filed with the appeal.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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(B.K. Bansal) Member

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New Delhi, 13^th July, 2017

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‘AS’

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FPA-PMLA-1835/BNG/2017

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FPA-PMLA-1835/BNG/2017 of Smt. Namita Samantara v/s The Deputy Director Directorate of Enforcement, Bangalore

Case brief

What is this about?

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FPA-PMLA-1835/BNG/2017 of Smt. Namita Samantara v/s The Deputy Director Directorate of Enforcement, Bangalore

Case brief

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What did the court decide?

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