Disposed

FPA-PMLA-1945/MUM/2017 of Islamic Research Foundation v/s The Deputy Director Directorate of Enforcement, Mumbai

ATFP9 Jan 2018FPA-PMLA-1945/MUM/2017

Case brief

AI extract

What is this about?

The Tribunal granted time to the respondent who failed to file a reply. It directed that physical possession of a specific flat not be taken, though the attachment continues, and noted a mutuality fund was already redeemed.

What did the court decide?

Directions were issued that the respondent shall not take physical possession of Flat no. 51/D, but the attachment of the flat shall continue.

FPA-PMLA-1945/MUM/2017 of Islamic Research Foundation 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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MP-PMLA-4191/MUM/2017 (Stay) MP-PMLA-3840/MUM/2017 (Exim.) FPA-PMLA-1945/MUM/2017

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Islamic Research Foundation … Appellant/Applicant

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Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	: Shri S. Hari Haran, Advocate
For the Respondent	: Shri Nitesh Rana, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI ANAND KISHORE	: MEMBER

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ORDER 09.01.2018

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FPA-PMLA-1945/MUM/2017, MP-PMLA-3840/MUM/2017 (Exim.) & MP-PMLA-4191/MUM/2017 (Stay)

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On 12^th October, 2017 six weeks time was granted to the respondent to file the reply in appeal and application. However, the same have not been filed.

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One more opportunity is granted to counsel for the respondent to file the replies within four weeks with an advance copy to the counsel for the appellant who may file the rejoinders before the next date of hearing.

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In the meanwhile, a fresh application i.e. MP-PMLA4191/MUM/2018 has been filed by the appellant in view of the notice u/s 8 (4) with regard the attached immovable property i.e. Flat no. 51/D, Ground Floor, Studio, Fakir Mohammed Sangrar Marg, Off Dockyard

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Road, Nava Nagar, Mazgaon, Mumbai-10 to take the possession of the FPA-PMLA-1945/MUM/2017 Page 1 of 3

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said property has been issued. The counsel for the appellant submits that the property/premises in question is lying vacant and taking of possession by the respondent shall be of no consequence. He also undertakes that he shall not sell, dispose of or create any third parties right in the said property in any manner directly or indirectly.

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The learned counsel for the appellant submits that no serious unlawful activities of Dr. Zakir Nayak or the appellant have been disclosed in the chargesheet. As far as the alleged speeches of the Dr. Zakir Naik are concerned, we may clarify here that we have not gone through the objectionable portion of the said speeches as alleged by the respondent. Admittedly, the mutul fund lying with Tata has already been redeemed by the respondent without any notice given to the appellant. Mr. Nitesh Rana, learned counsel for the respondent states that no such notice u/s 8 (4) for movable property is required. We may clarify that at this stage, we are only concerned with the relief sought in the present application.

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In the mean-while the respondent is required to file copy of the charge sheet and copy of the alleged objectionable speeches which are unlawful as alleged alongwith the replies. At the time of hearing of the main appeal, the same would be considered.

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As regards the movable property, the possession has already been taken. Thus, no order is required to be passed. Pertaining to Flat no. 51/D, Ground Floor, Studio, Fakir Mohammed Sangrar Marg, Off Dockyard Road, Nava Nagar, Mazgaon, Mumbai-10 immovable property is concerned, in view of grounds raised in the appeal the respondent shall not take the physical possession of the said property i.e. Flat no. 51/D, Ground Floor, Studio, Fakir Mohammed Sangrar Marg, Off

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FPA-PMLA-1945/MUM/2017

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Page 2 of 3

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Dockyard Road, Nava Nagar, Mazgaon, Mumbai-10 till the next date of hearing. However, the attachment of the said flat shall continue. The appellant is directed not to sell, dispose of or create any third party rights in the said flat. The undertaking given by the counsel for the appellant is accepted

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List this appeal as well as stay applications for final arguments on 13^th March, 2018- the date already fixed.

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In the meanwhile, respondent is allowed to file the reply to the miscellaneous petition i.e. FPA-PMLA-4191/MUM/2018 (Stay) within four weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

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Order be given “dasti” to both the parties.

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(Justice Manmohan Singh) Chairman

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(Anand Kishore) Member

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New Delhi, 9^th January, 2018

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‘S’

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FPA-PMLA-1945/MUM/2017

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FPA-PMLA-1945/MUM/2017 of Islamic Research Foundation v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

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FPA-PMLA-1945/MUM/2017 of Islamic Research Foundation v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

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