The Tribunal listed the matter for 19th November 2018 to consider the appellant's plea of non-array under PMLA 17(4) and consequential loss, adjourning decision for the respondent to frame instructions.
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 FOR SAFEMA, FEMA, PMLA, NDPS, PBPT ACT AT NEW DELHI
MP-PMLA-4525/DLI/2018 (Stay) MP-PMLA-4526/DLI/2018 (Exem.)
&
FPA-PMLA-2327/DLI/2018 Mayank Jain, SMS IT Solutions Pvt. Ltd.
… Appellant
MP-PMLA-4367/DLI/2018 (COD)
&
FPA-PMLA-2237/DLI/2018
M/s. JSR Infra Developers Pvt. Ltd. … Appellant
Versus
The Deputy Director Directorate of Enforcement, Delhi
… Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Shri Shiv Chopra, Advocate Shri Mayank Mishra, Advocate For the respondent : Shri Nitesh Rana, Advocate
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN
ORDER
05.11.2018
FPA-PMLA-2327 & 2237/DLI/2018
The learned counsel for the appellant has referred para 24 to 27 of the impugned order which would indicate that certain material was recovered from the premises at 4-A, Hailey Road, New Delhi. Counsel for the appellant states that they have nothing to do with the said material and has no objection. The same be retained by the respondent. However, he states that the appellant are not arrayed as accused either in the FIR or in the PMLA complaint nor the appellant was made party in the
FPA-PMLA-2327 & 2237/DLI/2018
Page 1 of 2
application filed by the respondent under Section 17(4) of the Act. It is also stated by the learned counsel for the appellant that in view of the act of the respondent, the appellant has suffered approximately Rs. 60,00,000/- towards rented amount which could have been paid by the tenants. Learned counsel for the respondent seeks time to take the instruction.
List on 19th November, 2018.
(Justice Manmohan Singh) Chairman
New Delhi, 05th November, 2018
‘A’
FPA-PMLA-2327 & 2237/DLI/2018
Page 2 of 2
2 issues framed by the court
Whether appellants should be listed for hearing regarding non-array as accused under PMLA 17(4).
Whether objection to impugned order regarding material recovery should be decided.
1 provisions across 1 enactments
Mayank Jain
SMS IT Solutions Pvt. Ltd.
M/s. JSR Infra Developers Pvt. Ltd.
The Deputy Director Directorate of Enforcement, Delhi
Manmohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
