Partly allowed

FPA-PMLA-1976/GOA/2017 of Shri Digambar Kamat & Anr. v/s The Deputy Director Directorate of Enforcement, Goa

ATFP31 Oct 2017FPA-PMLA-1976/GOA/2017

Case brief

AI extract

What is this about?

The appellate court admitted an appeal filed under Section 26 of the PMLA and issues notice to the respondent. An interim stay on immovable property attachments was granted based on the appellant's undertaking not to dispose of the properties without permission, pending the reply.

What did the court decide?

Notice issued for reply; interim stay approved on the properties.

FPA-PMLA-1976/GOA/2017 of Shri Digambar Kamat & Anr. 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-3876/GOA/2017 (Stay) & FPA-PMLA-1976/GOA/2017

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Shri Digambar Kamat & Anr. … Appellant

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Versus

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The Deputy Director Directorate of Enforcement, Goa … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Dhruv Mehta, Advocate Shri Parag Rao, Advocate Shri Gurumehar Sistani, Advocate For the respondent : Mr. Vikas Garg, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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ORDER 31.10.2017

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MP-PMLA-3876/GOA/2017 (Stay) & FPA-PMLA-1976/GOA/2017

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Counsel for the appellant has filed the photocopy of notice u/s 8(4) served by the respondent. Appeal has been filed under Section 26 of Prevention of Money Laundering Act, 2002 against the order dated 10^th August, 2017. Issue notice to respondent to file the reply. The counsel for the respondent accepts the notice. Let the reply be filed within six week. Rejoinder would be filed four weeks thereafter.

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List on 12^th April, 2018.

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Alongwith the appeal an application for interim stay has also been filed. The learned counsel for the appellant submits that the department is inclined to take the further steps. In view of the impugned order passed he submits that the properties attached here have admittedly FPA-PMLA-1976/GOA/2017 Page 1 of 2

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Page 1 of 2

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been acquired prior to the alleged commission of the Scheduled Offences and nothing has been discussed in the matter. The attachment is only for immovable properties. The learned counsel for the appellant undertakes that not to sell or disposed of the property without the permission of this Tribunal. In view of the undertaking the operation of the impugned order shall remain stayed till the next date. The undertaking of the appellant is accordingly accepted. Issue notice to the respondent to file the reply. Let the reply be filed within six weeks. Rejoinder be filed within four weeks thereafter.

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List this application also on 12^th April, 2018.

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

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi, 31^st October, 2017

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‘K’

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FPA-PMLA-1976/GOA/2017

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FPA-PMLA-1976/GOA/2017 of Shri Digambar Kamat & Anr. v/s The Deputy Director Directorate of Enforcement, Goa

Case brief

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FPA-PMLA-1976/GOA/2017 of Shri Digambar Kamat & Anr. v/s The Deputy Director Directorate of Enforcement, Goa

Case brief

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