Disposed

FPA-PMLA-2151/PTN/2018 of Shri Rakesh Kumar Gupta v/s The Deputy Director, Directorate of Enforcement, Patna

ATFP20 Nov 2018FPA-PMLA-2151/PTN/2018

Case brief

AI extract

What is this about?

The Tribunal addressed a stay application regarding delay in initiating money laundering proceedings. It noted a fresh application under Section 17(4) and directed the Adjudicating Authority to submit the envelope containing the reason to believe.

What did the court decide?

Direction to the Adjudicating Authority to send the envelope containing the reason to believe by the next date.

FPA-PMLA-2151/PTN/2018 of Shri Rakesh Kumar Gupta v/s The… — Banking and Recovery | ATFP (2018)

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

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MP-PMLA-4115/PTN/2018 (Stay)

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FPA-PMLA-2151/PTN/2018

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Shri Rakesh Kumar Gupta … Appellant

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Versus

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The Deputy Director, Directorate of Enforcement, Patna

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	:	Shri Mukesh Anand, Advocate
For the respondent	:	Shri Nitesh Rana, Advocate
CORAM
JUSTICE MANMOHAN SINGH	:	CHAIRMAN
SHRI G.C. MISHRA	:	MEMBER

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ORDER 20.11.2018

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FPA-PMLA-2151/PTN/2018

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When the matter is taken up today, the position remains the same as the learned counsel for the respondent has no information any. Fresh O.A. has been filed under Section 17(4) of the Act. The main argument of the appellant is that the proceedings under Section 5 have not been initiated by the respondent within prescribed period of time. Learned counsel for the appellant states that as per the amount seized in the bank on 01^st December, 2016. As per the respondent, the same was seized on 15^th February, 2018. Proceedings under Section 5 were initiated on 18^th September, 2018 after the expiry of 180 days. Written submissions have been filed by the appellant. Let Mr. Nitesh Rana file the written synopsis within two weeks.

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FPA-PMLA-2151/PTN/2018

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Page 1 of 2

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List on 07^th December, 2018.

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The record from the office of Adjudicating Authority has been received. We do not find any envelope containing reason to believe. We direct the Adjudicating Authority to send the envelope by the next date.

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Copy of the order be sent to the Adjudicating Authority for the next

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date.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi, 20^th November, 2018

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‘A’

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FPA-PMLA-2151/PTN/2018

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FPA-PMLA-2151/PTN/2018 of Shri Rakesh Kumar Gupta v/s The Deputy Director, Directorate of Enforcement, Patna

Case brief

What is this about?

What did the court decide?

FPA-PMLA-2151/PTN/2018 of Shri Rakesh Kumar Gupta v/s The Deputy Director, Directorate of Enforcement, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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