The Tribunal noted that the Adjudicating Authority dismissed an application seeking representation by an Insolvency Resolution Professional without a valid reason. The Authority was asked to adjourn the matter post-October 5, 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-3866/MUM/2017 FPA-PMLA-1970/MUM/2017
Siddhi Vinayak Logistic Ltd. … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondent
… Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Shri Amit Desai, Sr. Advocate Shri Narendra Prasad Yadav, Advocate Shri Ankit Shah, Advocate Shri Anil Punj, Advocate
For the respondent : None
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER
ORDER 26.09.2017
FPA-PMLA-1970/MUM/2017
Fresh appeal has been filed against the order dated 20th September, 2017 whereby the application filed by the appellant (defendant no. 2 before the Adjudicating Authority) was dismissed. The contention of the appellant before the Adjudicating Authority was that the appellant would be represented by the Insolvency Resolution Professional (IPR) under the provisions of Insolvency and Bankruptcy in the order dated 12th September, 2017 of Adjudicating Authority, National Company Law Tribunal Ahmadabad. It has also been mentioned in the application that Shri Dushyant C. Dave having address at 1101, Dalamal Tower, B wing, Free Press Journal Marg, Nariman point, Mumbai order
FPA-PMLA-1970/MUM/2017
Page 1 of 2
has been pointed as Insolvency Resolution Profession (IPR) in the matter. Despite of the said averment made the application of the appellant was rejected without assigning any valid reason. Issue notice to the respondent for 5th October, 2017. Notice shall also be issued to Shri Dushyant C. Dave, having address at 1101, Dalamal Tower, B wing, Free Press Journal Marg, Nariman point, Mumbai, to represent the case through advocate if so desired. Copy of the complete set of paper books be served to the respondent and its counsel on record within three days. It appears from the orders that next date of hearing before the Adjudicating Authority is fixed for 28th September, 2017 at 2:00 p.m. We request the Adjudicating Authority to adjourn the matter after 5th October, 2017.
Copy of the order be given ‘dasti’ to both the parties.
(Justice Manmohan Singh) Chairman
(Anand Kishore) Member
New Delhi, 26th September, 2017. ‘d’
FPA-PMLA-1970/MUM/2017
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1 issue framed by the court
Whether the application by the appellant to be represented by the Insolvency Resolution Professional and another individual should have been dismissed without assigning a valid reason.
Siddhi Vinayak Logistic Ltd.
The Deputy Director Directorate of Enforcement, Mumbai
Manmohan Singh
Anand Kishore
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
