Disposed

FPA-PMLA-1925/KOL/2017 of M/s. Bengal India Global Infrastructure Ltd. v/s The Joint Director, Directorate of Enforcement, Kolkata

ATFP5 Dec 2018FPA-PMLA-1925/KOL/2017

Case brief

AI extract

What is this about?

The bench directed the appellant to file an application listing voluminous records they intend to rely on, serving a copy to the Reserve Bank, and served appropriate liberty and directions regarding impleading parties. The status quo was maintained in connected appeals.

What did the court decide?

Directed appellant to file application listing documents to be relied upon; liberty to Reserve Bank to file submissions.

FPA-PMLA-1925/KOL/2017 of M/s. Bengal India Global Infrastructure Ltd. v/s The Joint Director, Directorate of Enforcement, Kolkata — ATFP (2018) — LawSathi Research

¶1

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

¶2

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

¶3

MP-PMLA-3773/KOL/2017 (Stay)

¶4

& FPA-PMLA-1911/KOL/2017 Shri Bipin Kumar Vohra

¶5

… Appellant

¶6

Versus

¶7

The Joint Director Directorate of Enforcement, Kolkata … Respondent

¶8

Advocates/Authorized Representatives who appeared

¶9

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

¶10

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

¶11

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

¶12

Versus

¶13

The Joint Director, Directorate of Enforcement, Kolkata … Respondent

¶14

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

¶15

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

¶16

ORDER 05.12.2018

¶17

FPA-PMLA-1510, 1512-1517/KOL/2016, FPA-PMLA-1924-1925 & 1911/KOL/2017, & FPA-PMLA-1511, 1521, 1518-1520 & 1522/KOL/2016

¶18

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.

¶19

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.

¶20

List on 26^th February, 2019.

¶21

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.

¶22

The status quo will continue in the connected appeals.

¶23

(Ananya Ray) Member

¶24

New Delhi, 05^th December, 2018

¶25

‘A’

¶26

FPA-PMLA-1510, 1512-1517/KOL/2016, FPA-PMLA-1924-1925 & 1911/KOL/2017, & FPA-PMLA-1511, 1521, 1518-1520 & 1522/KOL/2016

¶27

Page 4 of 4

FPA-PMLA-1925/KOL/2017 of M/s. Bengal India Global Infrastructure Ltd. v/s The Joint Director, Directorate of Enforcement, Kolkata

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1925/KOL/2017 of M/s. Bengal India Global Infrastructure Ltd. v/s The Joint Director, Directorate of Enforcement, Kolkata

Case brief

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Coram

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