Appellants challenged the absence of an order recording reasons to believe under Section 20(2) of PMLA preceding the notice for record summoning. The Tribunal summoned the record and listed the matter for further hearing without deciding the merit.
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 FOR SAFEMA, FEMA, NDPS, PMLA & PBPT ACT AT NEW DELHI
| MP-PMLA-4597/DLI/2018 (Stay) & |
||
|---|---|---|
| FPA-PMLA-2370/DLI/2018 | ||
| Shri Arvind Gupta | … | Appellant |
| MP-PMLA-4598/DLI/2018 (Stay) & |
||
| FPA-PMLA-2371/DLI/2018 | ||
| Shri Lakhmi Chand Sharma | … | Appellant |
| MP-PMLA-4599/DLI/2018 (Stay) & |
||
| FPA-PMLA-2372/DLI/2018 | ||
| Shri Arvind Gupta | … | Appellant |
| MP-PMLA-4601/DLI/2018 (Stay) & |
||
| FPA-PMLA-2375/DLI/2018 | ||
| Shri Ghanshyam Pandeya | … | Appellant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Delhi | … | Respondent |
Advocates/Authorized Representatives who appeared
| For the appellants | : Dr. Shamshuddin Shams, Advocate Shri Saifuddin Shams, Advocate Shri Ashwini Malhotra, Advocate |
|---|---|
| For the respondent | : Shri S.K. Sharma, Advocate |
| CORAM JUSTICE MANMOHAN SINGH SHRI G. C. MISHRA |
: CHAIRMAN : MEMBER |
| ORDER 18.12.2018 |
|
| FPA-PMLA-2370-2372 & 2375 | /DLI/2018 |
Replies have been filed by the respondent. Counsel for the appellant
states that there is no order for reason to believe within the meaning of sub-
FPA-PMLA-2370-2372 & 2375/DLI/2018
Page 1 of 2
Section 20(2) of PMLA. Let the record is summoned for the next date from the office of the adjudicating authority alongwith sealed cover containing the
copy of reasons to believes.
List on 15th January, 2019.
(Justice Manmohan Singh) Chairman
(G. C. Mishra) Member New Delhi, 18th December, 2018 ‘A’
FPA-PMLA-2370-2372 & 2375/DLI/2018
Page 2 of 2
2 issues framed by the court
Whether the term 'order for reason to believe' under Section 20(2) of PMLA includes notices summoning record from adjudicating authority without containing reasons.
Whether the appellants are entitled to immediate relief or the matter requires further inquiry.
1 provisions across 1 enactments
Shri Arvind Gupta
Shri Lakhmi Chand Sharma
Shri Ghanshyam Pandeya
The Deputy Director, Directorate of Enforcement, Delhi
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
