An order in four connectedfiles under the PMLA regarding the restoration of attached properties. The court listed the matter and directed parties to file complaints and instruct the Inspecting Officer. No substantive decision on the merits was rendered in this interim order.
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 |
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|---|---|---|
| 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
18.10.2018
FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPAPMLA-2456/PTN/2018
Mr. Dhanik Lal Mandal, appellant in appeal no. 2452/PTN/2018 has filed affidavit alongwith qualified valuer report in order to show the valuation of the tractor after inspection as he is to ready to deposit a sum of Rs. 2,52,000/- as per the valuation report. Copy of the valuation report has already been filed.
Mr. Neeraj Atri counsel for the respondent stated that he will request to the Inspecting Officer (I.O.) to verify the valuation report of the said tractor so that money may be deposited and tractor may be released. Inspecting Officer shall remain present in court on the next date of hearing.
In appeal no. 2456/PTN/2018 Rajani Devi has also filed an affidavit with regard to the status of the property bearing no Khata no. 4, Plot no. 58, Thana no. 565, Mauza- Ratanua, Circle- Dev, District Aurangabad, Bihar.
It is also stated in the affidavit that the case against her false and fabricated and she is not involved any offence. Therefore, the question of dispossession of her property does not arise. It is also stated the property was/is is use for only residence. The details are also mentioned in the affidavit dated 15th September, 2018 and 15th October, 2018.
FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPA-PMLA-2456/PTN/2018
Page 2 of 3
It is stated in the affidavit that her daughter Kumari Rani is studying till 2013 in Dev School, Bihar and appellant no. 2 was studying in the school till 2016.
The learned counsel for the appellant submitted that the attached property by the Enforcement Directorate be restored even his client is proposed to deposit of user and occupation charges. Counsel for the respondent seeks some time to take the instruction from the I.O. in this regard.
List on 1st November, 2018.Copy of the PMLA complaint, if filed, shall be produced by the next date.
Order be given dasti to both the parties.
(Justice Manmohan Singh) Chairman
(G. C. Mishra) Member
New Delhi,
18th October, 2018
‘S’
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 the attached properties of appellants can be restored pending deposit of valuation charges?
Whether the case against Rajanti Devi is false and property disposal unnecessary?
Gajendra Narayan
Danik Lal Mandal @ Bhutali & Anr.
Gudiya Devi
Smt. Rajanti Devi @ Rajanti Kumari
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
