Allowed

FPA-PMLA-874/KOL/2015 of Tarkeshwar Gupta v/s The Deputy Director Directorate of Enforcement, Kolkata

ATFP18 Jan 2017FPA-PMLA-874/KOL/2015

Case brief

AI extract

What is this about?

The Tribunal allowed a fresh application for interim stay of an eviction notice issued u/s 8(4) of PMLA, subject to the appellant depositing Rs. 70 lakhs by 10th February 2017.

What did the court decide?

The operation of the eviction notice u/s 8(4) shall remain stayed subject to the deposit of Rs. 70 lakhs with the respondent on or before 10.02.2017.

FPA-PMLA-874/KOL/2015 of Tarkeshwar Gupta v/s The Deputy… — Banking and Recovery | ATFP (2017)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-3090/KOL/2017 (E.H) In MP-PMLA-1900/KOL/2015 (Mics.) & FPA-PMLA-874/KOL/2015

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Tarkeshwar Gupta … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Kolkata … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	:		Shri Rajeev Awasthi, Advocate
For the respondent	:		Shri S.A. Saud, Advocate
CORAM JUSTICE MANMOHAN SINGH SHRI G.C. MISHRA SHRI B.K. BANSAL	: : :		CHAIRMAN MEMBER MEMBER
	ORDE 18.01.2	R 017
MP-PMLA-3090/KOL/2017 (Mics.)	(E.H)	in	MP-PMLA-1900/KOL/2015

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The fresh application has been filed. Shri S.A. Saud, appearing on behalf of the respondent accepts the notice and seeks time to file the reply. Let the reply be filed within two weeks with an advance copy to the counsel for the appellant who may file the rejoinder within two weeks thereafter.

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List on 15^th February, 2017.

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FPA-PMLA-874/KOL/2015

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Page 1 of 3

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The counsel for the applicant is pressing for interim order in view of the notice received by the appellant under section 8(4). The following averments are made in the application in para 1 to 4 of the applicaiton:

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“1. The appeal is filed challenging order dated 03.03.2015 in O.C. NO. 380 of 2014 passed by the Adjudicating Authority by which provisional attachment order of the respondent has been confirmed.

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2. Now I have received Eviction Notice dated 28.12.2016, a copy of which is produced herewith, by which I am directed to vacate the properties and handover the properties along with keys of the premises to the respondent.

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3. It is submitted that the property includes my dwelling house, where I am staying with my family members. Eviction at this time will cause undue hardship to me as well as my family. Moreover, I have a very strong case to advance with valid grounds and surrender of property at this stage will defeat the ends of justice. Even I am ready to deposit the money in installments which has been alleged to be the proceeds of crime by the department. Further I am suffering from many aliments such as piles and sugar and this act of Department causes me irreparable damages.

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4. In these circumstances, it is highly necessary in the interest of justice that the order dated 03.03.2015 in O.C No. 380 of 2014 passed by the Adjudicating Authority and the Eviction Notice dated 28.12.2016 issued by the respondent may be stayed pending disposal of the appeal and thus render justice.”

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It is contended by the learned counsel for the appellant that the property was attached to the extent of Rs. 1.50 crores by the respondent. His client is ready to deposit Rs. 1.50 crores with the respondent. He further submits that a sum of Rs. 70 laksh will be paid by 10^th February, 2017 and the remaining amount of Rs 80 lakhs will be paid by the applicant in the two installments in whatever reasonable period is fixed by the Tribunal. The learned counsel for the respondent says that he is to take instruction from his client, however he has not denied the fact the impugned property was attached to extent of Rs. One Crore and Fifty Lakhs. Let the appellant in the meanwhile be allowed to deposit the sum of Rs. 70 lakhs with the respondent on or before the 10^th February, 2017.

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FPA-PMLA-874/KOL/2015

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Page 2 of 3

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Subject to the said deposit with the respondent, the operation of the

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impugned notice u/s 8(4) shall remain stayed.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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(B.K. Bansal) Member

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New Delhi,

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18^th January, 2017

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‘d’

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FPA-PMLA-874/KOL/2015

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Page 3 of 3

FPA-PMLA-874/KOL/2015 of Tarkeshwar Gupta v/s The Deputy Director Directorate of Enforcement, Kolkata

Case brief

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FPA-PMLA-874/KOL/2015 of Tarkeshwar Gupta v/s The Deputy Director Directorate of Enforcement, Kolkata

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