Remanded

FPA-ND-46/KOL/2015 of Padmabati Digal v/s The Competent Authority, Kolkata & Anr.

ATFP8 Feb 2018FPA-ND-46/KOL/2015

Case brief

AI extract

What is this about?

The Appellate Tribunal set aside an impugned order regarding property attachment without a preceding notice. It remanded the matter to the Competent Authority to issue a fresh notice, allowing the appellant to file a reply within four weeks before a final order is passed, while declining the request to release a Scorpio car.

What did the court decide?

Impugned order set aside and remanded; liberty granted to make applications to Competent Authority; request to release Scorpio dismissed.

FPA-ND-46/KOL/2015 of Padmabati Digal v/s The Competent Authority, Kolkata & Anr. — ATFP (2018) — LawSathi Research

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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI

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FPA-ND-46/KOL/2015

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Padmabati Digal … Appellants/Applicants

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Versus

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The Competent Authority, Kolkata & Anr. … Respondent & others

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Advocates/Authorized Representatives who appeared

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For the Appellant : Mr. S. K. Das, Advocate For the Respondents : Mr. Haridas Saha, Joint Commissioner CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G. C. MISHRA : MEMBER

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ORDER 08.02.2018

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FPA-ND-46/KOL/2015

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Learned counsel for the respondent Mr. Haridas Saha, Joint Commissioner admits that no notice was served upon the appellant nor copy of the impugned order. Learned counsel for the appellant states

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that the Bank accounts of the appellant, Cars and the following

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properties were attached as detailed below:

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SL. No.	Moveable Property	Year of Purchase / Year of Procurement	Owner	Approximate Value
1.	One 2^ndhand Scorpio bearing Reg. No. OR-01- P-2526 purchased by accused Shri Raj Kumar Choudhury	2012	Smt. Padmabati Digal, W/o Shir Jafar Munsi of Peon Pada, Bandha Sahi, PS: Phulbani Town, Distt. Kandhamal (mother-in-law of accused Shri Raj	Rs. 4,56,000/- + Rs. 19,000/- (Insurance) = Rs. 4,75,000/-

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FPA-ND-46/KOL/2015

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Page 1 of 3

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			Kumar Choudhury)
2.	One Saving Deposit in the name of Smt. Padmabati Didal, mother-in-law of accused Shri Raj Kumar Choudhury in Boudh- Co-Operative Central Bank Ltd., Boudh, Phulbani Branch vide A/c. No. 00914.	2009-2015	Smt. Padmabati Digal, W/o Shir Jafar Munsi of Peon Pada, Bandha Sahi, PS: Phulbani Town, Distt. Kandhamal (mother-in-law of accused Shri Raj Kumar Choudhury)	Rs. 1,05,374.03
3.	One Fixed Deposit of cash of Rs. 50,000/- in Boudh-Co-Operative Central Bank Ltd., Boudh, Phulbani Branch	16.06.2014	Smt. Padmabati Digal, W/o Shir Jafar Munsi of Peon Pada, Bandha Sahi, PS: Phulbani Town, Distt. Kandhamal (mother-in-law of accused Shri Raj Kumar	Rs. 50,000/-
			Choudhury)
	Tot	al		Rs. 6,30,374.30

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After hearing Mr. Haridas Saha, Joint Commissioner appearing for the respondent who states that he has no objection in case the impugned order is set aside and remanded back to Competent Authority. After hearing both the sides, the impugned order is set aside. The Competent Authority will issue fresh notice to the appellant who thereafter within four weeks will file the reply. The final order shall be passed after hearing the appellant.

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Learned counsel for the appellant submits that one of the attached property i.e. Second Hand Scorpio Car bearing No. OR-01-P-2526 should be released. We are not inclined to accept the request of the appellant.

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FPA-ND-46/KOL/2015

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Page 2 of 3

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However, the liberty is given to the appellant to make his applications to

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the Competent Authority.

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Copy of the Order be given ‘ dasti ’ to both the parties.

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(Justice Manmohan Singh) Chairman

(G.C. Mishra)

Member

New Delhi,

08^th February, 2018

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‘AS’

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FPA-ND-46/KOL/2015

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Page 3 of 3

FPA-ND-46/KOL/2015 of Padmabati Digal v/s The Competent Authority, Kolkata & Anr.

Case brief

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FPA-ND-46/KOL/2015 of Padmabati Digal v/s The Competent Authority, Kolkata & Anr.

Case brief

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