The Tribunal fixed the file for final arguments, isues the notice against the interim applications for recovery of property, and listed them for hearing on 11th September.
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-4721/PTN/2018 (U.H.) MP-PMLA-4722/PTN/2018 (Stay) FPA-PMLA-2439/PTN/2018 |
||
|---|---|---|
| Gajendra Narayan | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
| 2. MP-PMLA-4747/PTN/2018 (U.H.) MP-PMLA-4748/PTN/2018 (Stay) FPA-PMLA-2452/PTN/2018 |
||
| Danik Lal Mandal @ Bhutali & Anr. | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
| 3. MP-PMLA-4758/PTN/2018 (U.H.) MP-PMLA-4759/PTN/2018 (Stay) FPA-PMLA-2453/PTN/2018 |
||
| Gudiya Devi | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
| & | ||
| 4. MP-PMLA-4764/PTN/2018 (U.H.) | ||
MP-PMLA-4765/PTN/2018 (Stay) |
||
| FPA-PMLA-2456/PTN/2018 | ||
| Smt. Rajanti Devi @ Rajanti Kumari | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
Advocates/Authorized Representatives who appeared
| For the Appellants | : Mr. Puneet Mittal, Senior Advocate |
|---|---|
| Mr. Pawan Kumar Mittal, Advocate | |
| Mr. Abhishek Chauhan, Advocate | |
| For the Respondent | : Mr. Neeraj Atri, Advocate |
FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPA-PMLA-2456/PTN/2018
Page 1 of 3
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G. C. MISHRA : MEMBER
ORDER
14.08.2018
FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPAPMLA-2456/PTN/2018
The above mentioned appeals have been filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the impugned order dated 06.07.2018. Issue notice. Mr. Neeraj Atri accepts the notice. Reply be filed by the respondent within six weeks with an advance copy to the learned counsel for the appellant who may file the rejoinder within four weeks thereafter.
List this appeal for final arguments on 11th September, 2018.
As far as the interim applications are concerned, learned counsel for the respondent states that after the service of notice under Section 8(4), possession of immovable and movable properties have been taken. Learned counsel for the appellant is pressing the interim order at present only with regard to property bearing Khata No. 4, Plot No. 58, Thana No. 565, Mauza Ratauna, Circel Dev, District- Aurangabad, Bihar (residential) is one of the immovable properties. According to him, this property is jointly owned by Smt. Rajanti Devi @ Rajanti Kumari (Wife of Vijay Yadav @ Sandeep Yadav @ Rupeshji) and Smt. Gudiya Devi (Wife of Dhanik Lal Mandal @ Bhutali, who is brother of the main accused).
Learned senior counsel for the appellant states that they are not named in the FIR filed by the prosecution for schedule offence nor any complaints filed under PML Act, 2002. He states that this property was purchased in 2012 from the agricultural income. The statement is also made that in the said property the family were residing.
Learned counsel appearing on behalf of the respondent states that nobody has been residing in the property. Under these circumstances, let FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018
& FPA-PMLA-2456/PTN/2018
Page 2 of 3
the respondent may file the Affidavit within two weeks from today. As far as the interim application is concerned, the same be listed on 11th September, 2018.
The appellant is also allowed to file the Affidavit along with the proof/document in order to show that owners were residing in the said property.
The respondent has filed the written synopsis. The copy of the same has been handed over by the learned counsel for the respondent to the learned counsel for the appellant. The appellant is also allowed to file the written synopsis.
List on 11th September, 2018.
Copy of the order be given ‘ dasti ’ to both the parties.
(Justice Manmohan Singh) Chairman
(G. C. Mishra) Member
New Delhi, 14th August, 2018
‘AS’
FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPA-PMLA-2456/PTN/2018
Page 3 of 3
2 issues framed by the court
Whether to admit replies to notices issued against interim applications for stay of seizure of properties under the PML Act.
Whether to grant immediate stay on specific property orders or direct filing of affidavits before further listing.
2 provisions across 1 enactments
Gajendra Narayan
Danik Lal Mandal
Gudiya Devi
Rajanti Devi
The Deputy Director, Directorate of Enforcement, Patna
Manmohan Singh
G. C. Mishra
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
