Disposed

FPA-PMLA-500/AHD/2013 of Smt. Nirmala Joshi v/s The Deputy Director Directorate of Enforcement, Ahmedabad

ATFP19 Dec 2017FPA-PMLA-500/AHD/2013

Case brief

AI extract

What is this about?

The Tribunal fixed pending PMLA appeals for hearing but noted recurring adjournments. It granted one final opportunity to argue appeals on a fixed date but imposed a cost of Rs. 20,000 per matter to be deposited in the PMRF.

What did the court decide?

One final opportunity granted to argue on 26.03.2018 subject to depositing Rs. 20,000 per matter in the PMRF.

FPA-PMLA-500/AHD/2013 of Smt. Nirmala Joshi 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-4141/AHD/2017 (Adj.) MP-PMLA-3762/AHD/2017 (Misc.) FPA-PMLA-838/IDR/2015
Arvind Joshi		… Appellant
Versus
The Deputy Director Directorate of Enforcement, Indore		… Respondent
MP-PMLA-4142/AHD/2017 (Adj.) MP-PMLA-3763/AHD/2017 (Misc.) FPA-PMLA-839/IDR/2015
Tinoo Joshi	…	Appellant
Versus
The Deputy Director Directorate of Enforcement, Indore	…	Respondent
MP-PMLA-4143/AHD/2017 (Adj.) MP-PMLA-3764/AHD/2017 (Misc.) FPA-PMLA-840/IDR/2015
Ethos Export Pvt. Ltd.	…	Appellant
Versus
The Deputy Director Directorate of Enforcement, Indore	…	Respondent
MP-PMLA-4138/AHD/2017 (Adj.) MP-PMLA-3758/AHD/2017 (Misc.) FPA-PMLA-500/AHD/2013
Smt. Nirmala Joshi Versus	…	Appellant/Applicant
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
MP-PMLA-4137/AHD/2017 (Adj.) MP-PMLA-3759/AHD/2017 (Misc.) FPA-PMLA-315/AHD/2011
Shri Arvind Joshi	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
FPA-PMLA-838/IDR/2015, FPA-PMLA-839/IDR/2015, FPA-PMLA-840/IDR/2015, FPA-PMLA-500/AHD/2013 FPA-PMLA-315/AHD/2011, FPA-PMLA-501/AHD/2013 & FPA-PMLA-502/AHD/2013

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Page 1 of 3

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MP-PMLA-4139/AHD/2017 (Adj.) MP-PMLA-3760/AHD/2017 (Misc.) FPA-PMLA-501/AHD/2013

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Smt. Tinoo Joshi	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Ahmedabad	…	Respondent
MP-PMLA-4140/AHD/2017 (Adj.) MP-PMLA-3761/AHD/2017 (Misc.) FPA-PMLA-502/AHD/2013
H.M. Joshi	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Varun Chopra, Advocate
For the respondent	: Shri Atul Tripathi, Advocate on behalf of Shri Vikas Garg, Advocate
CORAM JUSTICE MANMOHAN SINGH	: CHAIRMAN

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ORDER 19.12.2017 FPA-PMLA-838/IDR/2015, FPA-PMLA-839/IDR/2015, FPA-PMLA840/IDR/2015, FPA-PMLA-500/AHD/2013, FPA-PMLA315/AHD/2011, FPA-PMLA-501/AHD/2013 & FPA-PMLA502/AHD/2013

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As per the provisional attachment movable assets (currency, insurance policies & amount available in Bank accounts) worth Rs. 6,25,56,911/were attached. On the basis of search operation was carried out on February, 2010 by the Income Tax Department at the residence Shri

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Arvind Joshi and Smt. Tinoo Joshi & Ors. Cash over Rs. 3.00 crores was

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FPA-PMLA-838/IDR/2015, FPA-PMLA-839/IDR/2015, FPA-PMLA-840/IDR/2015, FPA-PMLA-500/AHD/2013 FPA-PMLA-315/AHD/2011, FPA-PMLA-501/AHD/2013 & FPA-PMLA-502/AHD/2013

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Page 2 of 3

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recovered from the residence of Joshi Couple and also various incriminating documents, such as, hand written diaries, ledger accounts containing cash transactions in properties, property documents in the name of various entities.

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The allegations are denied by the appellants in all the matters. These appeals are pending for the last couple of years and are fixed for hearing from time to time. However, the appellant’s counsel has taken adjournment on many occasions. Even some applications are filed. On the last date of hearing it was informed to the counsel that the appellants argue the appeals. Today, once again, an adjournment is sought by the counsel for the appellants to argue the matter; the request is opposed on behalf of the respondent.

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In view of the conduct of the appellant one final opportunity is granted to argue the appeal on the next date subject to the cost of Rs. 20,000/- in each matter. The cost shall be deposited with the Prime Minister Relief Fund on or before the next date.

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List these appeals on 26^th March, 2018.

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(Justice Manmohan Singh) Chairman

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New Delhi, 19^th December, 2017. ‘d’

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FPA-PMLA-838/IDR/2015, FPA-PMLA-839/IDR/2015, FPA-PMLA-840/IDR/2015, FPA-PMLA-500/AHD/2013 FPA-PMLA-315/AHD/2011, FPA-PMLA-501/AHD/2013 & FPA-PMLA-502/AHD/2013

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FPA-PMLA-500/AHD/2013 of Smt. Nirmala Joshi v/s The Deputy Director Directorate of Enforcement, Ahmedabad

Case brief

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FPA-PMLA-500/AHD/2013 of Smt. Nirmala Joshi v/s The Deputy Director Directorate of Enforcement, Ahmedabad

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