The Appeal Tribunal listed stay applications and filed against an attachment order. It directed interim stays on coercive steps while attachment continues and issued direction on notices.
Stay on coercive steps; attachment continued; reply to stay applications within six weeks.
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, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
| 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 |
FPA-PMLA-2247-2255/AHD/2018
Page 1 of 5
| 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 |
Page 2 of 5
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER
ORDER 02.08.2018
MP-PMLA-4702-10/AHD/2018(U.A.) , MP-PMLA-4387-4395/AHD/2018 (Stay) & FPA-PMLA-2247-2255/AHD/2018
The present appeal has been filed against the order dt. 31st March, 2018 passed by the Adjudicating Authority in O.C. no. 819/2017.
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 2nd 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.
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:
| 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 |
| 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/- |
The said amount is lying in the Banks/FDRs in the respective account of the appellants.
The matter is already coming up on 17th October, 2018. List this application on same day.
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.
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.
FPA-PMLA-2247-2255/AHD/2018
Page 4 of 5
List on 17th October, 2018.
Copy of the order be given dasti to both the parties. A copy of the order
also be given to all respective banks by the Registry.
(Justice Manmohan Singh) Chairman
Member
New Delhi
2nd August, 2018
‘s’
FPA-PMLA-2247-2255/AHD/2018
Page 5 of 5
3 issues framed by the court
Whether attachment of properties continue despite pending appeal in predicate offence
Whether coercive steps under notice u/s 8(4) of PMLA can be taken pending further orders
Whether notices in stay applications need to be issued
1 provisions across 1 enactments
Dr. Mansukhabhai Shah
Mansukh Shah HUF
Sushilaben Mansukhbhai Shah
Dixit Shah HUF
Dixit Mansukhabhai Shah
Varsha Dixit Shah
Manmohan Singh
G.C. Mishra
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
