Appeal against a valueless information reference where appellant, in judicial custody, sought condonation of delay for lack of instructions. Court granted delay relief and listed matters for filing papers and hearing.
Condonation of delay of 7 days in filing the appeal is allowed.
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
MP-PMLA-4467/MUM/2018 (Stay) MP-PMLA-4468/MUM/2018 (COD)
&
FPA-PMLA-2301/MUM/2018 Vimal Jadhavji Maluka @ Barot … Appellant/Applicant
Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondent &
MP-PMLA-4469/MUM/2018 (Stay) MP-PMLA-4470/MUM/2018 (COD) MP-PMLA-4475/MUM/2018 (Exem.)
& FPA-PMLA-2302/MUM/2018 Smt. Kavita Deepak Duggal … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondent
Advocates/Authorized Representatives who appeared
For the Appellants : Mr. Rishi Bhuta, Advocate Mr. Saurabh Soni, Advocate Mr. Sanjeet Kumar Thakur, Advocate For the Respondent : Mr. S. K. Sharma, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G. C. MISHRA : MEMBER
ORDER 18.07.2018
MP-PMLA-4468/MUM/2018 (COD) & MP-PMLA-4470/MUM/2018 (COD)
Present appeal has been filed under Section 26 of the Prevention of
Money Laundering Act, 2002 against the order dated 15th March, 2018.
FPA-PMLA-2301/MUM/2018 & FPA-PMLA-2302/MUM/2018
Page 1 of 2
Along with the appeal an application for condonation of delay of 7 days has also been filed. Issue notice in the application. We have heard both the parties. The case of the appellant is that the appellant in appeal no.FPA-PMLA-2301/MUM/2018 is in judicial custody since 2015. Therefore, certain small delay has been occurred for giving the instructions.
For the reasons stated in the application the prayer is allowed. MP is disposed of.
FPA-PMLA-2301/MUM/2018 & FPA-PMLA-2302/MUM/2018
Issue notice. Mr. S. K. Sharma, learned counsel for the respondent says that complete set of paper book has not been received. Counsel for the appellant agrees to supply the complete set of paper book within one week. Thereafter, the respondent to file the reply within six weeks with an advance copy to the learned counsel for the appellant who may file the rejoinder within four weeks thereafter.
Both the parties are allowed to fie the written synopsis by the next date.
List on 02nd November, 2018.
(Justice Manmohan Singh) Chairman
(G. C. Mishra)
Member
New Delhi,
18th April, 2018
‘AS’
FPA-PMLA-2301/MUM/2018 & FPA-PMLA-2302/MUM/2018
Page 2 of 2
3 issues framed by the court
Whether condonation of delay in filing appeal is permissible given the appellant's custody status and lack of instructions.
Whether Deputy Director has formulated a valueless information reference correctly.
Procedural issues regarding filing of paper books and written synopsis.
2 provisions across 1 enactments
Vimal Jadhavji Maluka @ Barot
Kavita Deepak Duggal
Deputy Director Directorate of Enforcement, Mumbai
Manmohan Singh
G. C. Mishra
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
