Disposed

FPA-PMLA-2365/MUM/2018 of Varsha Patel v/s The Deputy Director Directorate of Enforcement, Mumbai

ATFP17 Aug 2018FPA-PMLA-2365/MUM/2018

Case brief

AI extract

What is this about?

The Tribunal expedited a stay appeal involving property seizure under Section 8(4) of the PMLA. It directed the respondent to verify facts regarding immovable properties before taking coercive action and restricted the appellant from selling the property pending the final decision.

What did the court decide?

Stay on coercive action pending verification; Appellant restrained from selling property; Reply to be filed by next date.

FPA-PMLA-2365/MUM/2018 of Varsha Patel v/s The Deputy Director… — Money Laundering | ATFP (2018)

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

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(1) MP-PMLA-4803/MUM/2018 (Stay) MP-PMLA-4587/MUM/2018 (Exem.) FPA-PMLA-2364/MUM/2018

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Chandrakant Narsidas	…	Appellant
Versus
The Deputy Director Directorate of Enforcement, Mumbai	…	Respondent
(2) MP-PMLA-4804/MUM/2018 (Stay) MP-PMLA-4588/MUM/2018 (Exem.) FPA-PMLA-2365/MUM/2018
Varsha Patel	…	Appellant
Versus
The Deputy Director Directorate of Enforcement, Mumbai	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Jatin S. Sethi, Advocate Shri Gurpreet Singh, Advocate
For the respondent	: Ms. Shilpi Satyapriya Satyam, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER

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ORDER
17.08.2018

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FPA-PMLA-2364/MUM/2018, MP-PMLA-4803/MUM/2018 (Stay), MPPMLA-4587/MUM/2018 (Exem.) & FPA-PMLA-2365/MUM/2018,MPPMLA-4804/MUM/2018 (Stay) & MP-PMLA-4588/MUM/2018 (Exem.)

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The appeal is coming up on 10^th September, 2018. Fresh application has been filed in view of the notice issued under section 8(4) of the Act by the respondent in order to take the possession of immovable property i.e. and Shop No. 404 & 405, 4^th Floor, Shail’s Mall, TPS No. 3, Village Changispur, C.G. Road, Narangpura, Ahmedabad Gujrat. The learned counsel for the appellant in appeal no. FPA-PMLA2365/MUM/2018 states that the property i.e. Block No. 01, 4^th Floor, Jai Hind Building No. 1 CHS Ltd., Attmaram Merchant Road, Nr.

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FPA-PMLA-2364 & 2365/MUM/2018

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Page 1 of 2

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KabutaraKhana, Bhuleshwar, Mumbai, Maharashtra-400002 was purchased in 2009 and it has already been mortgaged with the Central Bank of India in the year 2012. It is also stated that the appeal filed by the Central Bank of India is pending before this Tribunal. The learned counsel for the respondent seeks time to verify the facts and file the reply. Let the reply be filed by the next date.

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In the meanwhile, no coercive action shall be taken by the respondent. The details are mentioned in the notice. The appellant shall not sell the said property till the final decision of the appeal.

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List on 10^th September, 2018.

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Copy of the order be given ‘ dasti’ to both sides.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi,

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17^th August, 2018

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‘d’

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Page 2 of 2

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FPA-PMLA-2364 & 2365/MUM/2018

FPA-PMLA-2365/MUM/2018 of Varsha Patel v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

What is this about?

What did the court decide?

FPA-PMLA-2365/MUM/2018 of Varsha Patel v/s The Deputy Director Directorate of Enforcement, Mumbai

Case brief

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What did the court decide?

What the court decided

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