Disposed

FPA-PMLA-2247/AHD/2018 of Dr. Mansukhabhai Shah v/s The Deputy Director Directorate of Enforcement, Ahmedabad

ATFP2 Aug 2018FPA-PMLA-2247/AHD/2018

Case brief

AI extract

What is this about?

This order stays coercive collection steps regarding bank accounts attached under Section 8(4) of PMLA while an appeal against a discharge in the predicate offence is pending before the Supreme Court, yet maintains the attachment in the interim pending the appeal.

What did the court decide?

No coercive steps to be taken pending the appeal; attachment was continued pending the appeal against the discharge.

FPA-PMLA-2247/AHD/2018 of Dr. Mansukhabhai Shah v/s The Deputy… — Money Laundering | ATFP (2018)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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1. MP-PMLA-4702/AHD/2018(U.A.) MP-PMLA-4387/AHD/2018 (Stay) FPA-PMLA-2247/AHD/2018
Dr. Mansukhabhai Shah	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
2. MP-PMLA-4703/AHD/2018(U.A.) MP-PMLA-4388/AHD/2018 (Stay) FPA-PMLA-2248/AHD/2018
Mansukh Shah HUF	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Ahmedabad	…	Respondent
3. MP-PMLA-4704/AHD/2018(U.A.) MP-PMLA-4389/AHD/2018 (Stay) FPA-PMLA-2249/AHD/2018
Sushilaben Mansukhbhai Shah	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
4. MP-PMLA-4705/AHD/2018(U.A.) MP-PMLA-4390/AHD/2018 (Stay) FPA-PMLA-2250/AHD/2018
Dixit Shah HUF	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
5. MP-PMLA-4706/AHD/2018(U.A.) MP-PMLA-4391/AHD/2018 (Stay) FPA-PMLA-2251/AHD/2018
Dixit Mansukhabhai Shah	…	Appellant/Applicant

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FPA-PMLA-2247-2255/AHD/2018

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Page 1 of 5

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Versus
The Deputy Director
Directorate of Enforcement, Ahmedabad	…	Respondent
6. MP-PMLA-4707/AHD/2018(U.A.) MP-PMLA-4392/AHD/2018 (Stay) FPA-PMLA-2252/AHD/2018
Varsha Dixit Shah	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
7. MP-PMLA-4708/AHD/2018(U.A.) MP-PMLA-4393/AHD/2018 (Stay) FPA-PMLA-2253/AHD/2018
Purvesh Mansukh Shah	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
8. MP-PMLA-4709/AHD/2018(U.A.) MP-PMLA-4394/AHD/2018 (Stay) FPA-PMLA-2254/AHD/2018
Ruchirani Purvesh Shah	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
9. MP-PMLA-4710/AHD/2018(U.A.) MP-PMLA-4395/AHD/2018 (Stay) FPA-PMLA-2255/AHD/2018
Purvesh Shah HUF	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Ahmedabad	…	Respondent
Advocates/Authorized Representatives wh	o app	eared
For the Appellants : Mr. : Mr. Mr.	R.K. Yogi Man	Handoo, Advocate nder Handoo, Advocate ish Shukla, Advocate
For the Respondent : Mr.	S.K.	Sharma, Advocate
FPA-PMLA-2247-2255/AHD/2018		Page 2 of 5

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Page 2 of 5

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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ORDER 02.08.2018

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MP-PMLA-4702-10/AHD/2018(U.A.) , MP-PMLA-4387-4395/AHD/2018 (Stay) & FPA-PMLA-2247-2255/AHD/2018

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The present appeal has been filed against the order dt. 31^st March, 2018 passed by the Adjudicating Authority in O.C. no. 819/2017.

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The learned counsel for the appellant submits that the accused person in the matter Mr. Mansukhabhai Shah, who is only accused in the matter. It is also stated in the application that he has been discharged by the Gujarat High Court by the virtue of Judgment dated 2^nd February, 2018 in the predicate offence. However against the said judgment appeal has been filed by the respondent before the Hon’ble Supreme Court and matter is still pending wherein notice has been issued.

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In the meantime, Respondent has issued the notice u/s 8(4) to take the possession of the movable properties the details which are mentioned in table A as below:

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Sr . n o.	Name	Saving Account N Bank Detail	Bank O. and s	Money received sale of of Dhyana Finstock and Citizen Ltd.	as shares M/s Ltd. M/s. Yarns	Available amount in the Bank account for attachment as Proceeds of Crime (R.S)	Balance amount attached as value of such property (Rs.)
1.	Mansuk h Shah	178801000 In IOB, Vadodara	000001, Pipria,	1163283	0	749679	10883151
FPA-P 2.	MLA-2247-225 Sushila M Shah	5/AHD/2018 178801000 in IOB, Vadodara	000222, Pipria,	1139099	8	P 1692394	age 3 of 5 9698604

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3.	Dixit Shah	178801000 in IOB, Vadodara	000002, Pipria,	2667300	2875459 (to the extent of 2667300)	0
4.	Varsha Shah	178801000 in IOB, Vadodara	001184, Pipria,	12786019	6036876	6749143
5	Purvesh Shah	178801000 in IOB, Vadodara	000333, Pipria,	11684540	1240279	10444261
6.	Ruchiran i Shah	178801000 in IOB, Vadodara	000924, Pipria,	11000118	3597020	7403098
7.	Mansuk h Shah HUF	Not Receiv the date order	ed as on of this	13074495	0	13074495
8.	Dixit Shah HUF	619202010 in Union Inida, Ka Vadodara	000393 Bank of relibaug,	13141165	917163	12224002
9.	Purvesh Shah HUF	619202010 in Union Inida, Ka Vadodara	000314 Bank of relibaug,	13470411	396636	13073775
		TOTAL		10,08,47,876/ -	1,72,97,347/-	8,35,50,52 9/-

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The said amount is lying in the Banks/FDRs in the respective account of the appellants.

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The matter is already coming up on 17^th October, 2018. List this application on same day.

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In the mean time, notices be issued in the stay applications. Let the replies be filed by the respondent within six weeks from today with an advance copy to the counsel for the appellant who may file the rejoinders by the next date of hearing.

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In the meanwhile, no coercive steps to be taken by the respondent in view of the notice u/s 8(4) of PMLA issued by the respondent. However, the attachment will continue.

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FPA-PMLA-2247-2255/AHD/2018

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Page 4 of 5

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List on 17^th October, 2018.

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Copy of the order be given dasti to both the parties. A copy of the order

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also be given to all respective banks by the Registry.

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(Justice Manmohan Singh) Chairman

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Member

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New Delhi

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2^nd August, 2018

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‘s’

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FPA-PMLA-2247-2255/AHD/2018

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Page 5 of 5

FPA-PMLA-2247/AHD/2018 of Dr. Mansukhabhai Shah v/s The Deputy Director Directorate of Enforcement, Ahmedabad

Case brief

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FPA-PMLA-2247/AHD/2018 of Dr. Mansukhabhai Shah v/s The Deputy Director Directorate of Enforcement, Ahmedabad

Case brief

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What did the court decide?

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