A single member of the Appellate Tribunal dismissed multiple appeals filed by private limited companies and individuals for non-prosecution due to the repeated failure of a proxy counsel to appear with instructions or a vakalatnama.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL FOR FEMA, FERA, NDPS, PMLA & BENAMI TRANSACTIONS Acts, AT NEW DELHI
| 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 |
FPA-PMLA-1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1021, 1022, 1023, 1024 & 1025/KOL/2015
Page 1 of 3
| 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 |
Advocates/Authorized Representatives who appeared
| For the appellant | : Sh. Sangam Kumar, Proxy Counsel |
|---|---|
| For the respondent | : Shri Vikas Garg, Advocate |
FPA-PMLA-1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1021, 1022, 1023, 1024 & 1025/KOL/2015
Page 2 of 3
CORAM SMT. ANANYA RAY : MEMBER
ORDER 30.10.2018
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.
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.
The appeals are therefore dismissed for non-prosecution.
(Ananya Ray)
Member
New Delhi, 30th October, 2018 ‘M’
FPA-PMLA-1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1021, 1022, 1023, 1024 & 1025/KOL/2015
Page 3 of 3
Rose Valley Travels Pvt. Ltd., Rose Valley Infotech Pvt. Ltd., Rose Valley Housing Development Finance., Rose Valley Projects. Ltd., Rose Valley Patrika Ltd., R
The Joint Director, Directorate of Enforcement, Kolkata
Ananya Ray
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
