This order admits a batch of appeals filed under section 26 of the PMLA. The bench directs the issuance of notices. A request for interim relief was declined by the bench as the appellants failed to establish receipt of the mandatory possession notice under section 8(4).
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-4401/HYD/2018 (Stay) FPA-PMLA-2271/HYD/2018 |
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|---|---|---|
| R. Govind Raj | … | Appellant/Applicant |
| 2. MP-PMLA-4428/HYD/2018 (Stay) FPA-PMLA-2281/HYD/2018 |
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| Sri Manoj Kumar Agarwal @ Makhar | … | Appellant/Applicant |
| 3. MP-PMLA-4429/HYD/2018 (Stay) FPA-PMLA-2282/HYD/2018 |
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| M/s G.S.; Biotech Ltd. | … | Appellant/Applicant |
| 4. MP-PMLA-4430/HYD/2018 (Stay) FPA-PMLA-2283/HYD/2018 |
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| M/s Mahalakshmi Natural Resources | … | Appellant/Applicant |
| 5. MP-PMLA-4431/HYD/2018 (Stay) FPA-PMLA-2284/HYD/2018 |
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| Sri Sanjay Kumar Agarwal @ Makha | … | Appellant/Applicant |
| 6. MP-PMLA-4432/HYD/2018 (Stay) FPA-PMLA-2285/HYD/2018 |
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| M/s Green Field Paper Projects India. | … | Appellant/Applicant |
| 7. MP-PMLA-4433/HYD/2018 (Stay) FPA-PMLA-2286/HYD/2018 |
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| M/s G.S. Oils Ltd. | … | Appellant/Applicant |
| 8. MP-PMLA-4434/HYD/2018 (Stay) FPA-PMLA-2287/HYD/2018 |
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| M/s Makhariya Agro Tech Pvt. Ltd. | … | Appellant/Applicant |
| 9. MP-PMLA-4460/HYD/2018 (Stay) MP-PMLA-4461/HYD/2018 (Misc.) FPA-PMLA-2297/HYD/2018 |
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| Mr. Umesh Kumar Agarwal | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Hyderabad |
… | Respondent |
| Advocates/Authorized Representatives who | app | eared |
| For the Appellant No.1 : | Sh. | Rakesh Sanghi, Advocate |
FPA-PMLA-2271& 2281-2287 & 2297/HYD/2018
Page 1 of 2
For the Appellant No.2 & 8 : Sh. A.S. Vashu, Advocate For the Appellant No.9 : Dr. S.V. Rama Krishna, Adv. For the Respondent : Mr. Atul Tripathi, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G. C. MISHRA : MEMBER
ORDER 10.07.2018
FPA-PMLA-2271& 2281-2287 & 2297/HYD/2018
Above mentioned appeals have been filed u/s 26 of PMLA against the order dt. 19th March, 2018 passed by the Adjudicating Authority.
Issue notice in the appeals. Mr. Atul Tripathi, Advocate counsel for the respondent accepts the notice and seeks time to file the reply. Let the reply be filed within six weeks with an advance copy to the counsel for the appellants, who may file the rejoinders within four weeks thereafter.
List this appeal for consideration on 20th November, 2018.
The learned counsel appeared in appeal no. FPA-PMLA2271/HYD/2018 is pressing for interim order. However, he admits that no notice u/s 8(4) for taking the possession has not been received by the appellants.
Under these circumstance, as and when any notice u/s 8(4) has been received by his client, he may press the interim order.
In the meanwhile, respondent is directed that if he inclines to take the possession of the properties, a notice be served to the appellant and his counsels in advance.
(Justice Manmohan Singh) Chairman
(G. C. Mishra) Member
New Delhi, 10th July, 2018
‘S’
FPA-PMLA-2271& 2281-2287 & 2297/HYD/2018
Page 2 of 2
3 issues framed by the court
Whether to admit or dismiss the appeals filed under section 26 of the PMLA.
Whether to grant an interim order pending the decision of the appeals.
Whether the appellants received the notice under section 8(4) regarding possession of properties.
2 provisions across 1 enactments
R. Govind Raj
Sri Manoj Kumar Agarwal @ Makhar
M/s G.S.; Biotech Ltd.
M/s Mahalakshmi Natural Resources
Sri Sanjay Kumar Agarwal @ Makha
M/s Green Field Paper Projects India.
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
