Partly allowed

FPA-PMLA-2042/BBS/2017 of Saroj Kumar Dhal Samanta v/s The Deputy Director Directorate of Enforcement, Bhubaneswar

ATFP2 Nov 2017FPA-PMLA-2042/BBS/2017

Case brief

AI extract

What is this about?

This order addresses three connected PMLA matters: condoning a 9-day delay in filing an appeal by an 76-year-old bed-ridden appellant; issuing notice for a money laundering appeal; and granting interim stay on attachment of the appellant's residential property pending hearing.

What did the court decide?

Delay in filing appeal condoned; stay granted on use of attached property; prohibition on sale or disposal of attached property.

FPA-PMLA-2042/BBS/2017 of Saroj Kumar Dhal Samanta 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-3969/BBS/2017 (Stay) MP-PMLA-3954/BBS/2017 (Stay) MP-PMLA-3955/BBS/2017 (COD) FPA-PMLA-2042/BBS/2017

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Saroj Kumar Dhal Samanta … Appellant/Applicant

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Versus

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The Deputy Director Directorate of Enforcement, Bhubaneswar … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Gautam Narayan, Advocate For the respondent : Shri N.K. Matta, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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ORDER 02.11.2017

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MP-PMLA-3955/BBS/2017 (COD)

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This is an application filed by the appellant for contonation of 9 days delay in file the appeal. The reasons stated for delay has been mentioned in para 3 of the application wherein it is stated that the appellant is 76 year old retired pensioner, who retired from government service after serving in the Indian Army initially, thereafter with the Orissa Police. At present appellant is bed-riden and suffering from various age related ailments. He is also moving with the help of a wheelchair.

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Issue notice, Mr. N.K. Matta, Counsel for the respondent has opposed the prayer of this application.

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FPA-PMLA-2042/BBS/2017

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Page 1 of 3

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In view of the reasons given we are inclined to condone the delay as the valuable rights of the appellant is involved in the matter. The prayer of the appellant is allowed and delay is condoned. The application is accordingly disposed of.

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FPA-PMLA-2042/BBS/2017

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The present appeal has been filed u/s 26 of the Prevention of Money Laundering Act-2002 against the order dated 1^st September, 2017 passed by the Adjudicating Authority.

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Issue notice of the appeal. Mr. N.K. Matta, Advocate counsel for the respondent accepts the notice and seeks time to file the reply. Let the reply be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

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Both the parties will file the written synopsis on or before the next date of hearing.

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List on 11^th May, 2018.

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MP-PMLA-3954/BBS/2017 (Stay) & MP-PMLA-3969/BBS/2017 (Stay)

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Above mentioned applications have been filed for stay of the impugned order. The learned counsel for the appellant stated that the notice u/s 8(4) of the PMLA in the meantime has also been received whereby the respondent is insisting to take the possession of the property in which the appellant is residing. The counsel for the appellant submits that this property is owned by the appellant which was purchased in 2004. The FIR was filed against the sons of the appellant were first time on 18^th January, 2016. The appellant is 76 years old retired pensioners who retired from government service after serving in the Indian Army initially, thereafter with the Orissa Police.

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The learned counsel for the appellant submits that no other source of income of the appellant. He is moving with the help of the wheelchair.

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FPA-PMLA-2042/BBS/2017

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Page 2 of 3

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He submits tha the total area of the plot is 400 sq. yard. It was built in 200 sq. yard area. It is a duplex house and no one is residing expect the appellant. He also submits that the appellant is receiving sum of Rs.26,000/- from the Indian Army as well as Odisha Police as Pension. This amount is not enough for livelihood due his suffering on account of may aliments. The counsel also submits that appellant will try to induct tenant in one of the floor so that if necessary this tribunal may fix the rental charge received from the perspective tenant.

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In the meantime respondent will verify the position and inform the latest status of the attached property.

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Considering the facts and circumstance we are inclined to pass the interim order. Till the next date of hearing operation of the impugned order has been remained stayed against the appellant. However, the appellant shall not sell and dispose of the attached property.

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List on 11^th May, 2018.

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Copy of the order be given dasti.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member New Delhi,

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2^nd November, 2017

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‘s’

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FPA-PMLA-2042/BBS/2017

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Page 3 of 3

FPA-PMLA-2042/BBS/2017 of Saroj Kumar Dhal Samanta v/s The Deputy Director Directorate of Enforcement, Bhubaneswar

Case brief

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FPA-PMLA-2042/BBS/2017 of Saroj Kumar Dhal Samanta v/s The Deputy Director Directorate of Enforcement, Bhubaneswar

Case brief

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