The Tribunal addressed properties attached for money laundering. It directed the impleadment of Canara Bank, holding mortgagee. The appeal was listed for further instructions regarding value deposit and did not result in an immediate disposal.
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. 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
The Joint Director Directorate of Enforcement, Guwahati… Respondent
Advocates/Authorized Representatives who appeared
| 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 |
ORDER 04.12.2018
FPA-PMLA-1539-1540/GHY/2016
As per the impugned order, pertaining to the appellant, the
following properties are attached:
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
Marg-12
West: Plot no. Akashneem Marg-114,
North: Plot No. P-10/06 South; Road at
Rajouri Garden, New Delhi.
FPA-PMLA-1539-1540/GHY/2016
Page 1 of 3
| 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/- |
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.
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
FPA-PMLA-1539-1540/GHY/2016
Page 2 of 3
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.
List on 10th January, 2019.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 4th December, 2018
‘K’
FPA-PMLA-1539-1540/GHY/2016
Page 3 of 3
3 issues framed by the court
Whether properties mortgaged to Canara Bank need to be impleaded as a party in the money laundering proceedings.
Whether appellants can deposit property value without prejudice until the Special Court concludes the trial.
Whether appellants dispute that the attached properties were purchased from proceeds of crime.
1 provisions across 1 enactments
Shri Charanjit Singh Gandhi
Sh. Randir Singh Gandhi
The Joint Director Directorate of Enforcement, Guwahati
Canara Bank
Manmohan Singh
G.C. Mishra
As recorded by the court registry
18 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
