Disposed

FPA-PMLA-872/IDR/2015 of Vijay Kothari v/s The Deputy Director Directorate of Enforcement, Indore

ATFP8 Feb 2017FPA-PMLA-872/IDR/2015

Case brief

AI extract

What is this about?

The Tribunal allowed a stay application for notice u/s 8(4) of PMLA, directing maintenance of status quo with respect to scheduled property until the next hearing. The applicant was directed to file an affidavit regarding rental charges.

What did the court decide?

Status quo maintained in respect of notice dated 3.1.2017 till the next date of hearing; affidavits to be filed within two weeks; dasti order to be given to both sides.

FPA-PMLA-872/IDR/2015 of Vijay Kothari v/s The Deputy Director… — Money Laundering | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3141/IDR/2017 (Stay) FPA-PMLA-872/IDR/2015 Vijay Kothari … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Indore … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Shashindra Tripathi, Advocate
For the Respondent	: Shri N. K. Matta, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI B.K. BANSAL	: MEMBER

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ORDER 08.02.2017

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MP-PMLA-3141/IDR/2017 (Stay)

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The main appeal is coming on 31^st March, 2017. A fresh application has been filed by the applicant in view of the notice of possession u/s 8(4) issued by the respondent on 3^rd January, 2017. The learned counsel for the appellant states that the provisional attachment order was passed on 11^th October, 2014 and impugned order was passed on 19^th January, 2015, but no notice u/s 8(4) was issued by the respondent for the last two

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FPA-PMLA-872/IDR/2015

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Page 1 of 3

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years, expect when the matter is coming up for final hearing, the notice has been now issued to the appellant.

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He further submits that filing of the charge sheet is sub-judice in the matter in criminal revision CRR no. 996/2016 in which the order has been reserved.

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He further submits that in the notice u/s 8(4) issued by the respondent, two properties mentioned in Para 1 (a & b) has been sold in the year 2008. The appellant will file the proof on the next date of hearing. With regard to the other property i.e. Second Floor of House no. 11/2/2/1 (old no. 15 & 11/4), Ushaganj (Sanyogitaganj), Street No.2, Indore (having constructed area of 1100 sq ft and remaining space open out of ground floor area of 2054 sq., ft.,) in the name of Vijay Kothari he submits that, it is a residential house where as Vijay Kothari and his family are residing there. He says that the appellant will not create any third party rights and not dispose off or part with possession of the said property till further decision of the Tribunal.

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The prayer is opposed by learned counsel for the Respondent. The counsel for the appellant submits that he would file the affidavit disclosing the detail of rental charges in the said property and if necessary after hearing an appropriate be passed.

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Let the affidavit be filed within two weeks. Mr. N.K. Matta, Learned counsel for the respondent will also verify the same and make his submission on the next date of hearing.

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In view of the submission, the status quo shall be maintained in respect of notice dated 3^rd January, 2017 till the next date of hearing.

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FPA-PMLA-872/IDR/2015

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Page 2 of 3

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List on 31^st March, 2017.

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The registry is directed to give the “dasti” order to both sides.

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(Justice Manmohan Singh) Chairman

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(B.K. Bansal) Member

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New Delhi, 8^th February, 2017.

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‘s’

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FPA-PMLA-872/IDR/2015

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Page 3 of 3

FPA-PMLA-872/IDR/2015 of Vijay Kothari v/s The Deputy Director Directorate of Enforcement, Indore

Case brief

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FPA-PMLA-872/IDR/2015 of Vijay Kothari v/s The Deputy Director Directorate of Enforcement, Indore

Case brief

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