Disposed

FPA-PMLA-1904/LKW/2017 of Vinod Kumar Goel v/s The Joint Director Directorate of Enforcement, Lucknow

ATFP15 Nov 2017FPA-PMLA-1904/LKW/2017

Case brief

AI extract

What is this about?

In a PMLA appeal regarding alleged wrongful loss and attached funds, the Tribunal ordered maintenance of status quo for an attached fixed deposit of Rs. 5.11 Cr until the final hearing scheduled for January 12, 2018, noting no further coercive steps had been taken.

What did the court decide?

Maintenance of status quo regarding the attached Fixed Deposit of Rs. 5.11 Cr. pending final hearing.

FPA-PMLA-1904/LKW/2017 of Vinod Kumar Goel v/s The Joint Director… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3756/LKW/2017 (Stay) FPA-PMLA-1904/LKW/2017

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Vinod Kumar Goel … Appellant

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Versus

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The Joint Director Directorate of Enforcement, Lucknow

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Ms. Payal Jain, Advocate For the respondent : Shri Nitesh Rana, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER

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ORDER 15.11.2017

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MP-PMLA-3756/LKW/2017 (Stay), FPA-PMLA-1904/LKW/2017

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1 CBI in the present case alleged wrongful loss of Rs. 5,11,233.27/against the payment of Rs. 8,96,99,596/- to the Tirupati Constructions.

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2 The reply in the main Appeal has not been filed. Let the same be filed within four weeks as last opportunity. Rejoinder be filed by the next date.

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3 Learned counsel for the appellant submits that the appellant is a government approved contractor who is carrying of civil, electrical contractors and engineers. It is stated that the appellant has completed the work of to the tune of about Rs. 15 Cr. The Noida Authority made the quantification who confirmed that the appellant has completed the work

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FPA-PMLA-1902/LKW/2017

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Page 1 of 2

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for sum of Rs. 12.75 Cr. who has so far received a sum of Rs. 9.30 crores which is released release by the Noida Authority. The counsel for the appellant also states that the sum of Rs. 85 lac as security amount is still lying with the Noida Authority. The balance amount is yet to be received which has been attached.

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4 The FDR for sum of Rs. 5.11 Cr. were attached by the respondent and the said attachment is confirmed by the impugned order. Counsel for the appellant is insisting that in view of facts referred, the said attachment be lifted. We are not inclined to pass such order as we have already put up the appeal 12.01.2018. The attachment orders were passed on 16.01.2017. The said order was confirmed on by order dt. 30.06.2017. No further coercive steps were taken by the respondent till today. As the appeal is listed for final hearing on 12.01.2018, both the parties shall maintain status quo in respect of the FDR for sum of Rs. 5.11 Cr. already attached by the Respondent. The attachment shall continue till the next date.

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5 List on 12^th January, 2018.

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(Justice Manmohan Singh) Chairman

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(Anand Kishore) Member

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New Delhi, 15^th November, 2017

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‘K’

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FPA-PMLA-1902/LKW/2017

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FPA-PMLA-1904/LKW/2017 of Vinod Kumar Goel v/s The Joint Director Directorate of Enforcement, Lucknow

Case brief

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FPA-PMLA-1904/LKW/2017 of Vinod Kumar Goel v/s The Joint Director Directorate of Enforcement, Lucknow

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