Dismissed

FPA-PMLA-1946/BBS/2017 of Narenra Kumar Patel v/s The Deputy Director Directorate of Enforcement, Bhubaneshwar

ATFP11 Sept 2018FPA-PMLA-1946/BBS/2017

Case brief

AI extract

What is this about?

Appeal against possession notice under FEMA/PMLA. Court restrained ED from taking coercive steps on properties until next hearing, contingent on appellant providing undertaking not to dispose of assets.

What did the court decide?

No coercive steps to be taken on properties under Section 8(4) of the Act till next hearing, subject to appellant's undertaking.

FPA-PMLA-1946/BBS/2017 of Narenra Kumar Patel v/s The Deputy… — Property and Title | ATFP (2018)

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

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MP-PMLA-4900/BBS/2018 (E.H.) MP-PMLA-3841/BBS/2017 (Stay) &

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FPA-PMLA-1946/BBS/2017

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Narenra Kumar Patel … Appellant

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Versus

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The Deputy Director Directorate of Enforcement, Bhubaneshwar

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Ms. Rajdipa Behura, Advocate & Shri Philoman Kani, Advocate
For the respondent	: Shri S.K. Sharma, Advocate
CORAM JUSTICE MANMOHAN SINGH	: CHAIRMAN

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ORDER

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11.09.2018

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FPA-PMLA-1946/BBS/2017

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The impugned order in the above said matter is passed on 01^st August, 2017. After passing the impugned order on 12^th September, 2017. Notice was issued by the Enforcement Directorate to take the possession of the immoveable properties. The appeal in the above said matter was filed on 20^th September, 2017. No interim order was passed in the appeal.

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The appeal is coming up on 11^th October, 2018 for final disposal.

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In the meanwhile, the appellant have filed the application for early hearing on 30^th August, 2018. It is pertinent to mention that after serving the copy of the application to the Enforcement Directorate (ED), another notices dated 06^th September, 2018 was issued to the appellant for taking the FPA-PMLA-1946/BBS/2017 Page 1 of 2

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possession. It is the admitted position that on the basis of early notices dated 12^th September, 2017, no action was taken by the ED. Since the appeal is coming up on 11^th October, 2018, no coercive steps shall be taken on the basis of two set of notices issued by the respondent under Section 8(4) of the Act till the next date of hearing.

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The appellant has also given the undertaking on behalf of the appellant that appellant not to dispose of the immoveable properties, the detail of which are mentioned in notice under Section 8(4) directly or indirectly till the disposal of the appeal.

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List on 17^th October, 2018.

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(Justice Manmohan Singh) Chairman

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New Delhi, 11^th September, 2018

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‘A’

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FPA-PMLA-1946/BBS/2017

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FPA-PMLA-1946/BBS/2017 of Narenra Kumar Patel v/s The Deputy Director Directorate of Enforcement, Bhubaneshwar

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FPA-PMLA-1946/BBS/2017 of Narenra Kumar Patel v/s The Deputy Director Directorate of Enforcement, Bhubaneshwar

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