Disposed

FPA-PMLA-1539/GHY/2016 of Shri Charanjit Singh Gandhi v/s The Joint Director Directorate of Enforcement, Guwahati

ATFP4 Dec 2018FPA-PMLA-1539/GHY/2016

Case brief

AI extract

What is this about?

The Appellate Tribunal, PMLA, allowed the respondents an application to implead Canara Bank as Respondent No. 2 regarding mortgaged properties attached under an impugned order, as the bank was a defendant in the underlying complaint. The matter was listed for further instructions.

What did the court decide?

Canara Bank was impleaded as Respondent No. 2 regarding the mortgaged properties.

FPA-PMLA-1539/GHY/2016 of Shri Charanjit Singh Gandhi v/s The… — Money Laundering | ATFP (2018)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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1. MP-PMLA-2884/GHY/2016 (A.D.) FPA-PMLA-1539/GHY/2016 Shri Charanjit Singh Gandhi … Appellant/Applicant 2. MP-PMLA-2886/GHY/2016 Exm. MP-PMLA-2888/GHY/2016 A.D. FPA-PMLA-1540/GHY/2016 Sh. Randir Singh Gandhi … Appellant/Applicant Versus

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The Joint Director Directorate of Enforcement, Guwahati… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Mr. Nalin Kohli, Advocate Mr. Ankit Roy & Ms. Nimisha Menon, Advocates
For the respondent	: Shri Nitesh Rana, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER

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ORDER 04.12.2018

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FPA-PMLA-1539-1540/GHY/2016

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As per the impugned order, pertaining to the appellant, the

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following properties are attached:

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Sl Name of Value of
No. Owner Details of Property property
in Rupees
Sale Deed No. 03AA552880. Schedule:
Plot No. 113 on Akash Neem Marg Road
measuring 420 Sq. Mtrs situated at
1. Shri Ranbir residential colony known as DLF Qutab
Singh Gandhi Enclave Phase-II, Tehsil and Dist, 32,50,000
Gurgaon, Haryana butted and bounded
as under: East; Plot No. Akashneem
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West: Plot no. Akashneem Marg-114,
North: Plot No. P-10/06 South; Road at
Rajouri Garden, New Delhi.

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FPA-PMLA-1539-1540/GHY/2016

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Page 1 of 3

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2.	Shri Charanjit Singh Gandhi	Sale No. 02DDJ6J254. Plot No. 10 in Block-Z, land measuring 99.7 Sq yds situated in the area of village Bassai Darapur and the colony known Rajouri Garden, New Delhi and is bounded by:- East Road 40’ wide West Remaining portion of said property North Remaining portion of the said property South: Remaining portion of the said property *** Mourtgaged with Canara Bank, Vikaspuribranch,New Delhi.	4,25,000/-
		Sale Deed No. 02DDJ6J252. Plot no. 10 in Block –Z measuring 99.7 sq. Yds situated in the area of village Bassai Darapur and the colony known Rajouri Garden, New Delhi and is bounded by:- East Road 40’ Wide West: Remaining portion of said property North Remaining portion of the said property South: Remaining portion of the said property *** Mourtgaged with Canara Bank, Vikaspuribranch,New Delhi.	4,25,000/-

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The total value of above mentioned properties is measured Rs. 41,00,000/-. It is also a matter of fact that the Canara Bank was defendant no 7 (in the complaint) has stated these properties are mortgage with the Bank. Mr. Nitesh Rana, Advocate states that Canara bank has not challenged the impugned order. Since, these properties are mortgage with the Canara Bank, it become necessary that they same be Impleaded as one of the parties. Mr. Rana, has no objection if Canara Bank to be impleaded as Respondent no.2 in the matter. The order is passed accordingly.

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As far as, the value of the property of Rs. 41 lac is concerned as mentioned by the ED, Ld. Counsel for the appellants states that his client is prior to deposit the said amount without prejudice till the final conclusion is arrived by the Special Court after trial. Mr. Rana, states

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FPA-PMLA-1539-1540/GHY/2016

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Page 2 of 3

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that in this regard he has to take the instruction from his client. Let the same be done within two weeks, Mr. Rana does not dispute that the property has not been purchased from proceeds of crime and those are attached for value thereof as recorded in the order.

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List on 10^th January, 2019.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi, 4^th December, 2018

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‘K’

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FPA-PMLA-1539-1540/GHY/2016

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Page 3 of 3

FPA-PMLA-1539/GHY/2016 of Shri Charanjit Singh Gandhi v/s The Joint Director Directorate of Enforcement, Guwahati

Case brief

What is this about?

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FPA-PMLA-1539/GHY/2016 of Shri Charanjit Singh Gandhi v/s The Joint Director Directorate of Enforcement, Guwahati

Case brief

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What did the court decide?

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