FPA-PMLA-2348/CHN/2018 of R. Yasar Arabath v/s The Joint Director, Directorate of Enforcement, Chennai

ATFP12 Jul 2018FPA-PMLA-2348/CHN/2018

Case brief

AI extract

What is this about?

The Tribunal heard multiple appeals under the PMLA concerning attached properties. Counsel noted procedural lapses in summons to some parties and sought time to file detailed income and property applications. The Bench adjourned the matters to allow filing of applications while certain interim orders remained operative.

What did the court decide?

Adjournment granted to enable filing of applications regarding income and property details by appellants.

FPA-PMLA-2348/CHN/2018 of R. Yasar Arabath v/s The Joint… — Money Laundering | ATFP (2018)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, NDPS, PMLA & PBPT ACT AT NEW DELHI

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1. MP-PMLA-4552/CHN/2018 (Stay) &

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FPA-PMLA-2344/CHN/2018 Shri P. Senthil Kumar & Anr. … Appellant

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2. MP-PMLA-4553/CHN/2018 (Stay) & FPA-PMLA-2345/CHN/2018 Shri K. Murugesan … Appellant Versus The Joint Director, … Respondent Directorate of Enforcement, Chennai

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Advocates/Authorized Representatives who appeared

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For the Appellant : Shri Arvindh S, Advocate & Shri Lakshmi Naraynan, Advocate For the Respondent : Ms. Shilpi Satyapriya Satyam, Advocate

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3. MP-PMLA-4608/CHN/2018 (E.H.) In MP-PMLA-4555/CHN/2018 (Stay) MP-PMLA-4556/CHN/2018 (Stay) MP-PMLA-4563/CHN/2018 (Stay) & FPA-PMLA-2347/CHN/2018 C. Rabeek Raja … Appellant 4. MP-PMLA-4609/CHN/2018 (E.H.) In MP-PMLA-4557/CHN/2018 (Stay) MP-PMLA-4558/CHN/2018 (Stay) & FPA-PMLA-2348/CHN/2018 R. Yasar Arabath … Appellant FPA-PMLA-2344 & 2345/CHN/2018 Page 1 of 6 & FPA-PMLA-2347-2357 & 2392-2394/CHN/2018

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5. MP-PMLA-4559/CHN/2018 (Stay) MP-PMLA-4560/CHN/2018 (Stay) &
FPA-PMLA-2349/CHN/2018
R. Rahuman	… Appellant
6. MP-PMLA-4561/CHN/2018 (Stay) MP-PMLA-4562/CHN/2018 (Stay) &
FPA-PMLA-2350/CHN/2018
C. Paneer Mohamed	… Appellant
7. MP-PMLA-4564/CHN/2018 (Stay) MP-PMLA-4565/CHN/2018 (Stay) &
FPA-PMLA-2351/CHN/2018
C. Anwar Ali	… Appellant
8. MP-PMLA-4566/CHN/2018 (Stay) MP-PMLA-4567/CHN/2018 (Stay) &
FPA-PMLA-2352/CHN/2018
C. Raj Kapoor	… Appellant
9. MP-PMLA-4568/CHN/2018 (Stay) MP-PMLA-4569/CHN/2018 (Stay) &
FPA-PMLA-2353/CHN/2018
C. Nagoor Hanifa	… Appellant
10. MP-PMLA-4610/CHN/2018 (E.H.) In MP-PMLA-4570/CHN/2018 (Stay) MP-PMLA-4571/CHN/2018 (Stay) MP-PMLA-4572/CHN/2018 (Stay) &
FPA-PMLA-2354/CHN/2018
R. Kasaniya Bagum	… Appellant
11. MP-PMLA-4573/CHN/2018 (Stay) MP-PMLA-4574/CHN/2018 (Stay) &
FPA-PMLA-2355/CHN/2018
C. Azad Mohamed	… Appellant

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FPA-PMLA-2344 & 2345/CHN/2018 & FPA-PMLA-2347-2357 & 2392-2394/CHN/2018

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Page 2 of 6

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12. MP-PMLA-4575/CHN/2018 (Stay) MP-PMLA-4576/CHN/2018 (Stay) & FPA-PMLA-2356/CHN/2018 K. Heeralal … Appellant 13. MP-PMLA-4577/CHN/2018 (Stay) MP-PMLA-4578/CHN/2018 (Stay) & FPA-PMLA-2357/CHN/2018 H. Sheela Begam @ Asma Begam … Appellant Versus The Joint Director, … Respondent Directorate of Enforcement, Chennai Advocates/Authorized Representatives who appeared For the Appellant : Shri R. Anand Padmanabhan, Advocate For the Respondent : Ms. Shilpi Satyapriya Satyam, Advocate 14. MP-PMLA-4617/CHN/2018 (E.H.) MP-PMLA-4618/CHN/2018 (Stay) MP-PMLA-4619/CHN/2018 (Stay) MP-PMLA-4620/CHN/2018 (Stay) & FPA-PMLA-2392/CHN/2018 R.R. Granites … Appellant 15. MP-PMLA-4621/CHN/2018 (E.H.) MP-PMLA-4622/CHN/2018 (Stay) MP-PMLA-4623/CHN/2018 (Stay) MP-PMLA-4624/CHN/2018 (Exem.) & FPA-PMLA-2393/CHN/2018 P. Rajesekaran … Appellant 16. MP-PMLA-4625/CHN/2018 (E.H.) MP-PMLA-4626/CHN/2018 (Stay) MP-PMLA-4627/CHN/2018 (Exem.) & FPA-PMLA-2344 & 2345/CHN/2018 Page 3 of 6 & FPA-PMLA-2347-2357 & 2392-2394/CHN/2018

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Page 3 of 6

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FPA-PMLA-2394/CHN/2018 P. Rajesekaran … Appellant Versus The Joint Director, … Respondent Directorate of Enforcement, Chennai

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Advocates/Authorized Representatives who appeared

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For the Appellant	:	Shri S. Nithin, Advocate Ms. Arunima Singh, Advocate & Shri Mohideen Basha, Advocate
For the Respondent	:	Ms. Shilpi Satyapriya Satyam, Advocate
CORAM
SMT. ANANYA RAY	: MEMBER
	ORDER 12.07.2018

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FPA-PMLA-2344/CHN/2018 & FPA-PMLA-2345/CHN/2018

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Learned counsel for the appellants for Shri P. Senthil Kumar & Anr. & Shri K. Murugesan stated that no property of Shri P. Senthil Kumar has been attached although he has been made a party in the whole case. With regard to the second appellant in the second appeal i.e. Shri K. Murugesan, he jointly owned one property alongwith Mr. C. Paneer Mohamed appellant in FPA-PMLA-2350/CHN/2018, but he was neither issued any show cause notice nor any summons were issued to him, before the PAO was passed. But he fairly accepted that before the Adjudicating Authority, he was called wherein Mr. Murugesan pointed out this fact. However, the Adjudicating Authority has not dealt with that.

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FPA-PMLA-2344 & 2345/CHN/2018 & FPA-PMLA-2347-2357 & 2392-2394/CHN/2018

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Page 4 of 6

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The learned counsel for the respondent in FPA-PMLA2344/CHN/2018 & FPA-PMLA-2345/CHN/2018 countered the above and stated that Mr. Murugesan was given a chance to explain before the Adjudicating Authority, but he was unable to explain anything.

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With regard to the Mr. Senthil Kumar who is Defendant No. 3 in the O.C. in FPA-PMLA-2344/CHN/2018 he was given an opportunity for personal hearing on 15.09.2017 which he did not avail. This was countered by the learned counsel for the appellant wherein he produced a letter dated 14.08.2017 of the appellant stating that they had sought an adjournment beyond 15.09.2017 for which there was no response from the adjudicating authority.

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FPA-PMLA-2347-2357/CHN/2018

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The learned counsel for the appellant at Sr. No. 3 to 13 stated that there is a huge list of properties which has been attached and hence he wishes to submit an application alongwith a chart appellant wise with all the details of their income and the payments made and also list of properties belonging to each of them. He therefore sought some time to file the same.

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The learned counsel for the respondent stated that she will be filing replies to the three affidavits of C. Rabeek Raja, R. Yasar Arabath & R. Kasaniya Begum in appeal nos. i.e. FPA-PMLA-2347/CHN/2018, FPAPMLA-2348/CHN/2018 & FPA-PMLA-2354/CHN/2018.

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The learned counsel for the respondent brought to the notice of the Bench that an order dated 25.04.2018 under the provisions of PMLA has already been issued wherein possession of all the properties covered under the adjudication order has been taken, including the property held jointly

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FPA-PMLA-2344 & 2345/CHN/2018 Page 5 of 6 & FPA-PMLA-2347-2357 & 2392-2394/CHN/2018

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by Mr. Murugesan & Mr. C. Paneer Mohamed. The learned counsel for the appellant at Sr. No. 2 was not aware of this although a copy of this possession letter has also been sent to the appellant. He, therefore, sought some time to verify the position and take necessary action.

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FPA-PMLA-2392-2394/CHN/2018

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With regard to the appellants as at Sr. No. 14 to 16 supra no one appeared when the hearing was going on. However, Shri S. Nithin, Advocate appeared when the matter had been closed.

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While in appeals at Sr. No. 1 & 2, there is only one property belonging to Mr. Murugesan at Sr. No. 2 in FPA-PMLA-2345/CHN/2018 held jointly alongwith the appellant at Sr. No. 6 in FPA-PMLA2350/CHN/2018, with regard to the others, the learned counsel for the appellants had sought time to submit further applications as discussed at pre-page. Accordingly the matter is adjourned. The learned counsel for the appellant will file the applications alongwith copies to the respondent also.

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Interim order dated 28.06.2018 in appeal nos. i.e. FPA-PMLA-

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2347/CHN/2018, FPA-PMLA-2348/CHN/2018 & FPA-PMLA-

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2354/CHN/2018 to continue.

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List the matters on 07^th August, 2018.

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(Ananya Ray) Member

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New Delhi, 12^th July, 2018

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‘A’

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FPA-PMLA-2344 & 2345/CHN/2018 & FPA-PMLA-2347-2357 & 2392-2394/CHN/2018

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Page 6 of 6

FPA-PMLA-2348/CHN/2018 of R. Yasar Arabath v/s The Joint Director, Directorate of Enforcement, Chennai

Case brief

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FPA-PMLA-2348/CHN/2018 of R. Yasar Arabath v/s The Joint Director, Directorate of Enforcement, Chennai

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