Disposed

FPA-PMLA-1230/KOL/2016 of Brand Value Communication Ltd. v/s The Deputy Director Directorate of Enforcement, Kolkata

ATFP20 Jul 2018FPA-PMLA-1230/KOL/2016

Case brief

AI extract

What is this about?

In an interim order during a bundle of 12 Section 138 complaints, the Member of the Appellate Tribunal for FEMA/PMLA allowed a fresh two-week extension for appellants to pay the total prosecution costs under an order restoring their appeals, listing the matter for 29 August 2018.

What did the court decide?

Grant of two weeks extension conditioned upon immediate payment of outstanding prosecution Rs. 5,000.

FPA-PMLA-1230/KOL/2016 of Brand Value Communication Ltd. v/s… — Banking and Recovery | ATFP (2018)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS, PBPT ACT AT NEW DELHI

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1. FPA-PMLA-1222/KOL/2016
Rose Valley Real Estate & Constructions Ltd.	…	Appellant
2. FPA-PMLA-1223/KOL/2016 Real Estate and Land Bank India Ltd.	…	Appellant
3. FPA-PMLA-1224/KOL/2016 Rose Valley Industries Ltd.	…	Appellant
4. FPA-PMLA-1225/KOL/2016
Rose Valley Marketing India Ltd.	…	Appellant
5. FPA-PMLA-1226/KOL/2016 Gautam Kundu	…	Appellant
6. FPA-PMLA-1227/KOL/2016 Chocotale Hotles Pvt. Ltd.	…	Appellant
7. FPA-PMLA-1228/KOL/2016 Idea Project Ltd.	…	Appellant
8. FPA-PMLA-1229/KOL/2016 Modern Investment Traders Ltd.	…	Appellant
9. FPA-PMLA-1230/KOL/2016 Brand Value Communication Ltd.	…	Appellant
10. FPA-PMLA-1231/KOL/2016 Rose Valley Hotels & Entertainments Ltd.	…	Appellant
11. FPA-PMLA-1232/KOL/2016
Rose Valley Realcon Ltd.	…	Appellant
&
12. FPA-PMLA-1233/KOL/2016 Shibamay Dutta	…	Appellant
Versus
The Deputy Director Directorate of Enforcement, Kolkata	…	Respondent
Advocates/Authorized Representatives who appea	red
For the Appellants : Shri Mudi	t Gup	ta, Advocate
For the Respondent : Shri Vikas	Garg	, Advocate

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FPA-PMLA-1222-1233/KOL/2016

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Page 1 of 2

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CORAM SMT. ANANYA RAY : MEMBER

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ORDER 20.07.2018

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FPA-PMLA-1222-1233/KOL/2016

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The Appellate Tribunal vide order dated 02.02.2018 has allowed the restoration of application of all the appeals as listed above subject to the condition that a cost of Rs. 5,000/- shall be paid to the respondent on or before the next date of hearing in each of the appeals. The learned counsel for the appellant states that they have been unable to pay the same and seeks further time of two weeks on instructions. The learned counsel for the respondent strongly objects and states that the conduct of the appellant has not been above board. The very fact that the appeal was dismissed for non-appearance and non-prosecution shows that the appellants are not interested in pursuing the appeals. Notwithstanding that the Appellate Tribunal had allowed the restoration but inspite of that the conditions subject to which the appeals were allowed have as yet not been fulfilled, although a period of five months have been lapsed.

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In the interest of justice, I am inclined to give a further period of two weeks subject to the condition that a further cost of Rs. 5,000/-, all of which be paid in each of the appeals, within the next two weeks from today. List on 29^th August, 2018.

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(Ananya Ray) Member

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New Delhi, 20^th July, 2018

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‘A’

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FPA-PMLA-1222-1233/KOL/2016

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Page 2 of 2

FPA-PMLA-1230/KOL/2016 of Brand Value Communication Ltd. v/s The Deputy Director Directorate of Enforcement, Kolkata

Case brief

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FPA-PMLA-1230/KOL/2016 of Brand Value Communication Ltd. v/s The Deputy Director Directorate of Enforcement, Kolkata

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