Dismissed

FPA-PMLA-667/AHD/2014 of Achintya Infracon Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Ahmadabad

ATFP22 Feb 2017FPA-PMLA-667/AHD/2014

Case brief

AI extract

What is this about?

The Tribunal dismissed the appeal, holding that without prejudice, the appellant must deposit monthly rent of Rs. 15,000. The eviction notice under Section 8(4) PMLA was stayed subject to this condition and an undertaking to file future deposits.

What did the court decide?

Evasion of coercive action under Section 8(4) PMLA subject to deposit of Rs. 15,000 monthly rent and filing of an undertaking.

FPA-PMLA-667/AHD/2014 of Achintya Infracon Pvt. Ltd. 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-3227/AHD/2017 (Stay) In MP-PMLA-2490/AHD/2016 (A.D.) MP-PMLA-2356/AHD/2016 (A.D.) MP-PMLA-1878/AHD/2015(A.D.) MP-PMLA-1237/AHD/2014 (Stay) FPA-PMLA-667/AHD/2014

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Achintya Infracon Pvt. Ltd. … Appellant/Applicant

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Versus The Deputy Director Directorate of Enforcement, Ahmadabad

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Vijay Kumar Pandey, Advocate For the respondent : Sh. S.A. Saud Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER

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ORDER 22.02.2017

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FPA-PMLA-667/AHD/2014

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The appeal has been filed after more than two years and four months. The respondent has issued the notice dated 06^th February, 2017 for eviction which was received by the appellant on 14^th February, 2017. It is submitted by the appellant that the property namely La-Habitat, A- 9/201, Hebatpur Road, Thaltej, Ahmedabad- 380059 was given on rent by way of leave and license agreement to Jaswal Tour & Travel Pvt. Ltd. way back in the month of November, 2013 for a period of three years i.e. at a time when the property was given to the licensee, the provisional attachment order was not passed. The said three years period expired on 08^th November, 2016. The said lease agreement was renewed on 01^st

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FPA-PMLA-667/DLI/2014

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Page 1 of 2

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November, 2016 for a further period of three years at the rent of Rs. 15,000/- per month. We have heard both the parties for some time. We are of the view that, without prejudice, the appellant shall deposit the rent of Rs. 15,000/- per month from the month of February 2017 and file an undertaking that the appellant shall keep on depositing the same till the disposal of the appeal. The first installment of Rs. 15,000/- shall be deposited by the appellant within two weeks. Appellant will also file the undertaking that they shall keep depositing the said rent without prejudice till the disposal of the appeal. In view of the above and subject to the said conditions, no coercive action shall be taken by the respondent in view of the notice issued under Section 8(4) dated 02^nd February, 2017. The application is accordingly disposed of.

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List on 22^nd March, 2017.

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‘Dasti ’ be given to both the parties.

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(Justice Manmohan Singh) Chairman

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(Anand Kishore) Member

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New Delhi, 22^nd February, 2017

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‘A’

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FPA-PMLA-667/DLI/2014

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FPA-PMLA-667/AHD/2014 of Achintya Infracon Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Ahmadabad

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FPA-PMLA-667/AHD/2014 of Achintya Infracon Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Ahmadabad

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