Dismissed

FPA-PMLA-1022/KOL/2015 of Mordern Investment and Traders Pvt. Ltd. v/s The Joint Director, Directorate of Enforcement, Kolkata

ATFP30 Oct 2018FPA-PMLA-1022/KOL/2015

Case brief

AI extract

What is this about?

Appeals against enforcement proceedings filed by multiple Rose Valley entities were dismissed for non-prosecution due to the appellant's proxy counsel having no instructions and lack of genuine interest in pursuing the matter.

What did the court decide?

The appeals filed by the appellants were dismissed for non-prosecution.

What the court decided

FPA-PMLA-1022/KOL/2015 of Mordern Investment and Traders Pvt… — Money Laundering | ATFP (2018)

¶1

APPELLATE TRIBUNAL FOR FEMA, FERA, NDPS, PMLA & BENAMI TRANSACTIONS Acts, AT NEW DELHI

¶2

1. MP-PMLA-2161/KOL/2015 (Stay) FPA-PMLA-1089/KOL/2015
Rose Valley Travels Pvt. Ltd. …	Appellant/Applicant
2. MP-PMLA-2164/KOL/2015 (Stay) FPA-PMLA-1090/KOL/2015
Rose Valley Infotech Pvt. Ltd. …	Appellant/Applicant
3. MP-PMLA-2167/KOL/2015 (Stay) FPA-PMLA-1091/KOL/2015
Rose Valley Housing Development Finance. …	Appellant/Applicant
4. MP-PMLA-2170/KOL/2015 (Stay) FPA-PMLA-1092/KOL/2015
Rose Valley Projects. Ltd. …	Appellant/Applicant
5. MP-PMLA-2173/KOL/2015 (Stay) FPA-PMLA-1093/KOL/2015
Rose Valley Patrika Ltd. …	Appellant/Applicant
6. MP-PMLA-2176/KOL/2015 (Stay) FPA-PMLA-1094/KOL/2015
Rose Valley Marketing India Ltd. …	Appellant/Applicant
7. MP-PMLA-2179/KOL/2015 (Stay) FPA-PMLA-1095/KOL/2015
Rose Valley Films. Ltd. …	Appellant/Applicant
8. MP-PMLA-2182/KOL/2015 (Stay) FPA-PMLA-1096/KOL/2015
Rose Valley Realcon Ltd. …	Appellant/Applicant
9. MP-PMLA-2185/KOL/2015 (Stay) FPA-PMLA-1097/KOL/2015
Real Estate and Land Bank India Ltd. …	Appellant/Applicant
10. MP-PMLA-2188/KOL/2015 (Stay) FPA-PMLA-1098/KOL/2015
Rose Valley Health Trust …	Appellant/Applicant

¶3

FPA-PMLA-1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1021, 1022, 1023, 1024 & 1025/KOL/2015

¶4

Page 1 of 3

¶5

11. MP-PMLA-2191/KOL/2015 (Stay) FPA-PMLA-1099/KOL/2015
Rose Valley Fashions Pvt. Ltd.	… Appellant/Applicant
12. MP-PMLA-2194/KOL/2015 (Stay) FPA-PMLA-1100/KOL/2015
Rose Valley Industries Ltd.	… Appellant/Applicant
13. MP-PMLA-2197/KOL/2015 (Stay) FPA-PMLA-1102/KOL/2015
Silver Valley Communications Ltd.	… Appellant/Applicant
14. MP-PMLA-1961A/KOL/2015 (Stay) FPA-PMLA-1021/KOL/2015
Brand Value Communications Ltd.	… Appellant/Applicant
15. MP-PMLA-1964A/KOL/2015 (Stay) FPA-PMLA-1022/KOL/2015
Mordern Investment and Traders Pvt. Ltd.	… Appellant/Applicant
16. MP-PMLA-1967A/KOL/2015 (Stay) FPA-PMLA-1023/KOL/2015
Rose Valley Real Estate & Constructions	… Appellant/Applicant
17. MP-PMLA-1970A/KOL/2015 (Stay) FPA-PMLA-1024/KOL/2015
Shibamoy Dutta	… Appellant/Applicant
18. MP-PMLA-1973A/KOL/2015 (Stay) FPA-PMLA-1025/KOL/2015
Rose Valley Hotels & Entertainments Ltd.	… Appellant/Applicant
Versus
The Joint Director, Directorate of Enforcement, Kolkata	… Respondent

¶6

Advocates/Authorized Representatives who appeared

¶7

For the appellant	: Sh. Sangam Kumar, Proxy Counsel
For the respondent	: Shri Vikas Garg, Advocate

¶8

FPA-PMLA-1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1021, 1022, 1023, 1024 & 1025/KOL/2015

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Page 2 of 3

¶10

CORAM SMT. ANANYA RAY : MEMBER

¶11

ORDER 30.10.2018

¶12

The proxy counsel submits that the arguing counsel is not available. It is seen that in August, 2017 they had sought adjournment on the same ground and it was granted vide order dated 23.08.2017. Thereafter, it got re-notified, repeatedly mainly on the proxy counsel’s same plea. Today again the proxy counsel appears and states that he has no instructions for arguing the case. He also states that he has no objection if the appeals are dismissed.

¶13

It appears that the appellants are not serious about the appeals filed by them. A proxy counsel is repeatedly appearing but his vakalatnama is not on record. In this background, and because enough time and opportunities have been given to the appellants, I hold that they are not interested in pursuing the cases as listed above.

¶14

The appeals are therefore dismissed for non-prosecution.

¶15

(Ananya Ray)

¶16

Member

¶17

New Delhi, 30^th October, 2018 ‘M’

¶18

FPA-PMLA-1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1021, 1022, 1023, 1024 & 1025/KOL/2015

¶19

Page 3 of 3

FPA-PMLA-1022/KOL/2015 of Mordern Investment and Traders Pvt. Ltd. v/s The Joint Director, Directorate of Enforcement, Kolkata

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FPA-PMLA-1022/KOL/2015 of Mordern Investment and Traders Pvt. Ltd. v/s The Joint Director, Directorate of Enforcement, Kolkata

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