Disposed

FPA-PMLA-857/CHN/2015 of Dr. G. Thirumal v/s The Deputy Director Directorate of Enforcement, Chennai

ATFP26 Oct 2017FPA-PMLA-857/CHN/2015

Case brief

AI extract

What is this about?

The Appellate Tribunal granted Dr. G. Thirumal and LIC Housing Finance Limited a final six-week opportunity to deposit a due amount of Rs. 50,000/- in costs. Failure to do so may result in the appeal being allowed. The Tribunal also maintained the status quo regarding disputed possession until listed for January 2018.

What did the court decide?

Final order granted appellants six weeks to deposit Rs. 50,000/- in costs; status quo maintained on possession.

FPA-PMLA-857/CHN/2015 of Dr. G. Thirumal v/s The Deputy Director Directorate of Enforcement, Chennai — ATFP (2017) — LawSathi Research

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3144/CHN/2017 (A.D.) MP-PMLA-1746/CHN/ 2015 (Stay)

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FPA-PMLA-857/CHN/2015

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Dr. G. Thirumal

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… Appellant/Applicant

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Versus

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The Deputy Director Directorate of Enforcement, Chennai

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant : Mr. R. Sharath, Advocate For the Respondent : Mr. S. A. Saud, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SMT. ANANYA RAY : MEMBER

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ORDER 26.10.2017

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FPA-PMLA-857/CHN/2015

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In view of the affidavit filed by Dr. V. M. Ganesan in appeal no. FPAPMLA-858/CHN/2015 dated 05^th May, 2017, the order dated 11^th May, 2017 was passed. The said order has not been complied with by Dr. V. M. Ganesan. It is not in dispute that the amount is due but the same has not been deposited despite promise made by the counsel for more than five months ago. As a matter of fact once the said amount is paid, the interim order would also be modified. One final opportunity is granted to Dr. V. M. Ganesan to regularize the amount by paying the amount due as of today within six weeks subject to the cost of Rs. 50,000/-.

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Rs. 25,000/- shall be paid to the learned counsel appearing on behalf of the appellant in appeal no. FPA-PMLA-858/CHN/2015 and remaining half to learned counsel for the respondent, Mr. S. A. Saud appearing in appeal no. FPA-PMLA-856 & 857/CHN/2015.

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FPA-PMLA-857/CHN/2015

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Page 1 of 2

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The cost shall be paid within eight weeks from today. In case the cost is not paid and the compliance of the affidavit dated 05^th May, 2017 is not complied by the appellant, the appeal of the appellant i.e. LIC Housing Finance Limited would be likely to be allowed as per settled law.

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Learned counsel for the appellant submits that the physical possession of the attached property is with the appellant, however, Mr. S. A. Saud learned counsel for the respondent submits that the possession has been taken. In view of the two different versions, the ‘ status-quo ’ shall be maintained by the parties as of today.

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List on 22^nd January, 2018.

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(Justice Manmohan Singh) Chairman

(Ananya Ray)

Member

New Delhi,

26^th October, 2017

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‘AS’

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FPA-PMLA-857/CHN/2015

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Page 2 of 2

FPA-PMLA-857/CHN/2015 of Dr. G. Thirumal v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

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FPA-PMLA-857/CHN/2015 of Dr. G. Thirumal v/s The Deputy Director Directorate of Enforcement, Chennai

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