The Appellate Tribunal listed an appeal against a High Court order regarding PMLA property possession, directing parties to file synopis by specified dates without disposal.
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
FPA-PMLA-771/COCHIN/2014
M/s Bizzare Business Global Marketing System Ltd. … Appellant/Applicant
Versus
The Joint Director Directorate of Enforcement, Cochin
… Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Manish Jha, Advocate |
|---|---|
| For the respondent |
: Shri S.A. Saud, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI ANAND KISHORE | : MEMBER |
ORDER 24.07.2017
FPA-PMLA-771/COCHIN/2014
The learned counsel for the appellant has handed over the copy of the order dated 24th March, 2017 passed by the High Court of Karnataka at Ernakulam disposing of the writ petition filed by the appellant in para 16 the following observations are made by the Hon’ble High Court which reads as under:
“16. Taking note of the respective submissions made across the Bar, and the peremptory provisions contained under subsection (4) of Sec. 8, I am of the considered opinion that the Director of Directorate of Enforcement or any officer authorized by him is duty bound to take possession of the property attached under sub-section (5) or frozen under sub-section (1A) of Section 17. Since a authority duty is cast upon the said authority, I think it is only appropriate that the said authority is allowed to take possession of the amounts remaining with the Banks concerned. However, the said amounts shall be
FPA-PMLA-771/CHOCHIN/2014 Page 1 of 2
retained in separate deposits in accordance with law. It is also made clear that, in the event of the authority under the PML Act, 2002 is directed to produce necessary records in accordance with such properties by any court of law in respect of the crime registered against the companies, necessary arrangements shall be made to comply with such directions. I also make it clear that the claimants are free and at liberty to make suitable claims before the Special Court, under the provisions of the PML Act, 2002 and in accordance with law.
The writ petitions are disposed of accordingly.”
The counsel for the appellant submits that in view of the order passed by the learned High Court the appeal may be listed for consideration.
List this appeal on 10th November, 2017.
Both the parties are allowed to file the written synopsis by the next
dates.
(Justice Manmohan Singh) Chairman
(Anand Kishore) Member
New Delhi, 24th July, 2017.
‘d’
FPA-PMLA-771/CHOCHIN/2014 Page 2 of 2
M/s Bizzare Business Global Marketing System Ltd.
The Joint Director Directorate of Enforcement, Cochin
Manmohan Singh
Anand Kishore
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
