Single-member bench allowed the appellant to file an application listing documents intended to be relied upon in lieu of voluminous records from the Adjudicating Authority. The status quo in connected appeals was continued.
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 SAFEMA, FEMA, PMLA, NDPS, PBPT ACT AT NEW DELHI
| MP-PMLA-2941/KOL/2016 (Stay) MP-PMLA-2851/KOL/2016 (Stay) & |
||
|---|---|---|
FPA-PMLA-1510/KOL/2016 M/s. Bengal India Global Infrastructure Ltd. |
… | Appellant |
| MP-PMLA-3670/KOL/2017 (Misc.) MP-PMLA-2853/KOL/2016 (Stay) & |
||
FPA-PMLA-1512/KOL/2016 |
||
| Bipin Kumar Vohra | … | Appellant |
| MP-PMLA-3671/KOL/2017 (Misc.) MP-PMLA-2854/KOL/2016 (Stay) & |
||
FPA-PMLA-1513/KOL/2016 |
||
| Arjun Kumar Santhalia | … | Appellant |
MP-PMLA-3672/KOL/2017 (Misc.) MP-PMLA-2855/KOL/2016 (Stay) & |
||
FPA-PMLA-1514/KOL/2016 |
||
| Sanjukta Vohra |
… | Appellant |
| MP-PMLA-2856/KOL/2016 (Stay) & |
||
FPA-PMLA-1515/KOL/2016 |
||
| M/s. SPS Metal Cast & Alloys Limited | … | Appellant |
| MP-PMLA-2857/KOL/2016 (Stay) & |
||
FPA-PMLA-1516/KOL/2016 |
||
| SPS Steels Rolling Mills Pvt. Ltd. | … | Appellant |
| MP-PMLA-3673/KOL/2017 (Misc.) | ||
| MP-PMLA-3147/KOL/2017 (I.R.) MP-PMLA-2858/KOL/2016 (Stay) & |
||
| FPA-PMLA-1517/KOL/2016 | ||
| M/s. Darks Housekeeping | ||
| & Maintenance Service | … | Appellant |
| FPA-PMLA-1924/KOL/2017 | ||
| M/s. SPS Steels Rolling Mills Pvt. Ltd. | … | Appellant |
| FPA-PMLA-1925/KOL/2017 | ||
| M/s. Bengal India Global Infrastructure Ltd. | … | Appellant |
| FPA-PMLA-1510, 1512-1517/KOL/2016, |
Page 1 of 4 | |
| FPA-PMLA-1924-1925 & 1911/KOL/2017, & FPA-PMLA-1511, 1521, 1518-1520 & 1522/KOL/2016 |
MP-PMLA-3773/KOL/2017 (Stay)
& FPA-PMLA-1911/KOL/2017 Shri Bipin Kumar Vohra
… Appellant
Versus
The Joint Director Directorate of Enforcement, Kolkata … Respondent
Advocates/Authorized Representatives who appeared
For the Appellant : Shri Nitin Sangra, Advocate Ms. Sonia Dube, Advocate For the Central Bank of India : Shri Ashish Wad, Advocate Ms. Sukriti Jaggi, Advocate For the Respondent : Mr. Vikas Garg, Advocate MP-PMLA-2852/KOL/2016 (Stay) & FPA-PMLA-1511/KOL/2016 M/s. Bholanath Ingots Pvt. Ltd. … Appellant MP-PMLA-2862/KOL/2016 (Stay) & FPA-PMLA-1521/KOL/2016 M/s. Chaitanya Alloys Pvt. Ltd. … Appellant Versus The Joint Director Directorate of Enforcement, Kolkata … Respondent Advocates/Authorized Representatives who appeared For the Appellant : Shri Prasenjit Keswani, Advocate Ms. Harshita Verma, Advocate For the Respondent : Shri Vikas Garg, Advocate MP-PMLA-2859/KOL/2016 (Stay) & FPA-PMLA-1518/KOL/2016 M/s. Shyama Iron & Alloys Pvt. Ltd. … Appellant Versus The Joint Director Directorate of Enforcement, Kolkata … Respondent FPA-PMLA-1510, 1512-1517/KOL/2016, Page 2 of 4 FPA-PMLA-1924-1925 & 1911/KOL/2017, & FPA-PMLA-1511, 1521, 1518-1520 & 1522/KOL/2016
Advocates/Authorized Representatives who appeared For the Appellant : Ms. Kanchan Yadav, Advocate For the Respondent : Shri Vikas Garg, Advocate MP-PMLA-2860/KOL/2016 (Stay) & FPA-PMLA-1519/KOL/2016 M/s. Gouri Iron and Steel Pvt. Ltd. … Appellant Versus The Joint Director Directorate of Enforcement, Kolkata … Respondent Advocates/Authorized Representatives who appeared For the Appellant : Shri Anurag Singh, Advocate For the Respondent : Shri Vikas Garg, Advocate
MP-PMLA-2861/KOL/2016 (Stay) & FPA-PMLA-1520/KOL/2016 Y.R. Traders Pvt. Ltd. … Appellant MP-PMLA-2863/KOL/2016 (Stay) & FPA-PMLA-1522/KOL/2016 M/s. Subhlabh Steel Pvt. Ltd. … Appellant
Versus
The Joint Director, Directorate of Enforcement, Kolkata … Respondent
| Advocates/Authorized Rep | resentatives who appeared |
|---|---|
| For the Appellant | : Shri Shatadru Chakraborty, Advocate |
| For the Respondent | : Shri Vikas Garg, Advocate |
| CORAM | |
| SMT. ANANYA RAY | : MEMBER |
FPA-PMLA-1510, 1512-1517/KOL/2016, Page 3 of 4 FPA-PMLA-1924-1925 & 1911/KOL/2017, & FPA-PMLA-1511, 1521, 1518-1520 & 1522/KOL/2016
ORDER 05.12.2018
FPA-PMLA-1510, 1512-1517/KOL/2016, FPA-PMLA-1924-1925 & 1911/KOL/2017, & FPA-PMLA-1511, 1521, 1518-1520 & 1522/KOL/2016
The learned counsel for the appellant pleaded that the records which are very voluminous and submitted before the Adjudicating Authority may be called for. The learned counsel for the respondent objected to the same stating that all those have already been examined and considered by the Adjudicating Authority and thereafter the impugned order was passed. Even the pleadings are complete.
The counsel for the appellant is directed to file an application, listing all the documents which they intend to rely upon in the present case and which were before the adjudicating authority alongwith an advance copy to the respondent so that the respondent has a chance to go through them and if there is any objection, the Bench would hear them on the next occasion. The learned counsel for the appellant seeks four weeks time for the same. Allowed.
List on 26th February, 2019.
In the meanwhile, the appellant will also serve the copy of the entire paper book to the Central Bank of India who are present today as per the directions of the Bench’s order dated 06.09.2018. They are given liberty to file their written submission, if any. They should file appropriate application impleading themselves either as an appellant or respondent as they deem correct.
The status quo will continue in the connected appeals.
(Ananya Ray) Member
New Delhi, 05th December, 2018
‘A’
FPA-PMLA-1510, 1512-1517/KOL/2016, FPA-PMLA-1924-1925 & 1911/KOL/2017, & FPA-PMLA-1511, 1521, 1518-1520 & 1522/KOL/2016
Page 4 of 4
2 issues framed by the court
Whether to allow the appellant to call for voluminous records of the adjudicating authority.
Whether to direct the appellant to file a specific application listing documents relied upon before the adjudicating authority.
2 provisions across 2 enactments
M/s. Bengal India Global Infrastructure Ltd.
Bipin Kumar Vohra
Arjun Kumar Santhalia
Sanjukta Vohra
M/s. SPS Metal Cast & Alloys Limited
SPS Steels Rolling Mills Pvt. Ltd.
Ananya Ray
As recorded by the court registry
18 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
