The Appellate Tribunal dismissed twelve appeals for failure of the appellants to comply with a prior order mandating the payment of costs.
Affirms dismissal of all twelve appeals due to non-compliance with cost payment orders.
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, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
1. FPA-PMLA-1222/KOL/2016
Rose Valley Real Estates & Constructions Ltd. … Appellant /applicant Versus The Deputy Director, Directorate of Enforcement, Kolkata … Respondent 2. FPA-PMLA-1223/KOL/2016 Real Estates and Land Bank India Ltd. … Appellant /applicant Versus The Deputy Director, Directorate of Enforcement, Kolkata … Respondent 3. FPA-PMLA-1224/KOL/2016 Rose Valley Industries Ltd. … Appellant /applicant Versus The Deputy Director, Directorate of Enforcement, Kolkata … Respondent 4. FPA-PMLA-1225/KOL/2016 Rose Valley Marketing India Ltd. … Appellant /applicant Versus The Deputy Director, Directorate of Enforcement, Kolkata … Respondent 5. FPA-PMLA-1226/KOL/2016 Shri Gautam Kundu … Appellant /applicant Versus The Deputy Director, Directorate of Enforcement, Kolkata … Respondent 6. FPA-PMLA-1227/KOL/2016 Chocolate Hotels Pvt. Ltd. … Appellant /applicant Versus The Deputy Director, Directorate of Enforcement, Kolkata … Respondent 7. FPA-PMLA-1228/KOL/2016 IDEA Project Ltd. … Appellant /applicant Versus
FPA-PMLA-1222-1233/KOL/2016 Page 1 of 3
| The Deputy Director, | ||
|---|---|---|
| Directorate of Enforcement, Kolkata | … | Respondent |
| 8. FPA-PMLA-1229/KOL/2016 | ||
| Modern Investment Traders Pvt. Ltd. | … | Appellant /applicant |
| Versus | ||
| The Deputy Director, Directorate of Enforcement, Kolkata |
… | Respondent |
| 9. FPA-PMLA-1230/KOL/2016 | ||
| Brand Value Communications Ltd. | … | Appellant /applicant |
| Versus | ||
| The Deputy Director, Directorate of Enforcement, Kolkata |
… | Respondent |
| 10. FPA-PMLA-1231/KOL/2016 | ||
| Rose Valley Hotels & Entertainment Ltd. |
… | Appellant /applicant |
Versus |
||
| The Deputy Director, Directorate of Enforcement, Kolkata |
… | Respondent |
| 11. FPA-PMLA-1232/KOL/2016 | ||
| Rose Valley Realcon Ltd. | … | Appellant /applicant |
| Versus | ||
| The Deputy Director, Directorate of Enforcement, Kolkata |
… | Respondent |
| & | ||
| 12. FPA-PMLA-1233/KOL/2016 | ||
| Shri Shibamoy Dutta | … | Appellant /applicant |
| Versus | ||
| The Deputy Director, | ||
| Directorate of Enforcement, Kolkata | … | Respondent |
Advocates/Authorized Representatives who appeared
| For the Appellants | : Mr. |
Sangam Kumar, Advocate |
|---|---|---|
| For the Respondent | : Mr. |
Vikas Garg, Advocate |
| Ms. | Sanjana Rajput, Advocate |
FPA-PMLA-1222-1233/KOL/2016
CORAM SMT. ANANYA RAY : MEMBER
ORDER 29.08.2018
FPA-PMLA-1222-1233/KOL/2016
The restoration of appeal application in all the twelve appeals above was allowed by this Tribunal’s order dated 02nd February, 2018 subject to the condition that a cost of Rs. 5,000/- shall be paid to the respondent in each of the appeals on or before the next date of hearing. However, even on the last date of hearing i.e. on 20.07.2018 they had not complied with the said order. They were given a further period of two weeks time to comply subject to the condition that a further cost of Rs.5,000/- in all the appeals would be paid cumulatively within the next two weeks from that date. Learned proxy counsel today states that he has no instructions in this matter. Learned counsel for the respondent states that the matter needs to be dismissed because of non-compliance of the Tribunal’s order. I agree with the respondent and order so.
All the twelve appeals above are accordingly dismissed.
(Ananya Ray) Member
New Delhi, 29th August, 2018
‘AS’
FPA-PMLA-1222-1233/KOL/2016
Page 3 of 3
1 issue framed by the court
Whether the appeals filed by various companies and individuals should be dismissed for non-compliance of the Tribunal's order regarding payment of costs.
Rose Valley Real Estates & Constructions Ltd.
The Deputy Director, Directorate of Enforcement, Kolkata
Real Estates and Land Bank India Ltd.
Rose Valley Industries Ltd.
Rose Valley Marketing India Ltd.
Shri Gautam Kundu
Ananya Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
