The APPT allowed fresh appeals, notices were accepted, and coercive action under Section 8(4) of PML Act was stayed for six weeks pending filing of replies and status verification.
Stay on coercive action pending filing of replies and verification of possession status.
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-4816/DLI/2018 (stay) MP- PMLA-4817/DLI/2018 (Exem.) FPA-PMLA-2475/DLI/2018 |
|
|---|---|
| Mrs. Mamta Jain | … Applicant/Appellant |
| 2. MP- PMLA-4818/DLI/2018 (stay) FPA-PMLA-2476/DLI/2018 |
|
| Rajeev Wadhwa | … Applicant/Appellant |
| 3. MP- PMLA-4821/DLI/2018 (stay) MP- PMLA-4822/DLI/2018 (Exem.) FPA-PMLA-2477/DLI/2018 |
|
| Mrs. Bimla Wadhwa | … Applicant/Appellant |
| 4. MP- PMLA-4823/DLI/2018 (stay) MP- PMLA-4824/DLI/2018 (Exem.) FPA-PMLA-2478/DLI/2018 |
|
| Mrs. Bhawana Wadhwa | … Applicant/Appellant |
| 5. MP- PMLA-4816/DLI/2018 (stay) MP- PMLA-4817/DLI/2018 (Exem.) FPA-PMLA-2479/DLI/2018 |
|
| Sanjeev Wadhwa | … Applicant/Appellant |
| 6. MP- PMLA-4825/DLI/2018 (stay) MP- PMLA-4826/DLI/2018 (Exem.) FPA-PMLA-2480/DLI/2018 |
|
| Kamakhya Forex Pvt. Ltd. | … Applicant/Appellant |
| 7. MP- PMLA-4827/DLI/2018 (stay) MP- PMLA-4828/DLI/2018 (Exem.) FPA-PMLA-2481/DLI/2018 |
|
| M/s P.R. Forex Pvt. Ltd. | … Applicant/Appellant |
| 8. MP- PMLA-4829/DLI/2018 (stay) FPA-PMLA-2482/DLI/2018 |
|
| Paresh Kumar Gujral | … Applicant/Appellant |
| 9. MP- PMLA-4830/DLI/2018 (stay) MP- PMLA-4831/DLI/2018 (Exem.) FPA-PMLA-2483/DLI/2018 |
|
| Gurdeep Kumar Gujral & Sons | … Applicant/Appellant |
FPA-PMLA-2475-2489/DLI/2018
Page 1 of 3
| 10. | MP- PMLA-4832/DLI/2018 (stay) MP- PMLA-4833/DLI/2018 (Exem.) FPA-PMLA-2484/DLI/2018 |
||
|---|---|---|---|
| Mrs. Sushila Gujral | … | Applicant/Appellant | |
| 11. | MP- PMLA-4834/DLI/2018 (stay) MP- PMLA-4835/DLI/2018 (Exem.) FPA-PMLA-2485/DLI/2018 |
||
| Mrs. Seema Gujral | … | Applicant/Appellant | |
| 12. | MP- PMLA-4836/DLI/2018 (stay) MP- PMLA-4837/DLI/2018 (Exem.) FPA-PMLA-2486/DLI/2018 |
||
| Subhash Arora | … | Applicant/Appellant | |
| 13. | MP- PMLA-4838/DLI/2018 (stay) MP- PMLA-4839/DLI/2018 (Exem.) FPA-PMLA-2487/DLI/2018 |
||
| Mrs. Kajal Arora | … | Applicant/Appellant | |
| 14. | MP- PMLA-4840/DLI/2018 (stay) MP- PMLA-4841/DLI/2018 (Exem.) FPA-PMLA-2488/DLI/2018 |
||
| Pravesh Kumar Gujral & Sons | … | Applicant/Appellant | |
| 15. | MP- PMLA-4842/DLI/2018 (stay) MP- PMLA-4843/DLI/2018 (Exem.) FPA-PMLA-2489/DLI/2018 |
||
| Gurdeep Kumar Gujral Versus |
… | Applicant/Appellant | |
| The Deputy Director Directorate of Enforcement, Delhi … |
Re | spondent | |
| Adv | ocates/Authorized Representatives wh | o app | eared |
| For t | he Appellant no. 1 : Sh. |
Shiv | Kumar, Advocate |
| For t | he Appellant no. 2 to 14 : Sh. |
M.T. | Reddy, Advocate |
| For t | he Respondent : Mr. |
Nites | h Rana, Advocate |
| COR JUS |
AM TICE MANMOHAN SINGH : CH |
AIRM | AN |
FPA-PMLA-2475-2489/DLI/2018
Page 2 of 3
ORDER 10.09.2018
FPA-PMLA-2475-2489/DLI/2018
Fresh appeals have been filed u/s 26 of PMLA against the order dated 9th July, 2018 passed by the Adjudicating Authority. Alongwith the appeals applications for stay have also been filed. Issue notices. Mr. Nitesh Rana, Advocate accepts the notices and seeks time to file the replies. Let the replies be filed within six weeks with an advance copy to the counsel for the appellant who may rejoinders within four weeks thereafter.
List these appeals as well as stay applications on 14th January, 2019.
In the meantime, no coercive action shall be taken by the respondent with regard to the notice issued u/s 8(4) of PML Act, 2002 issued on the basis of passing of the impugned order.
The counsel for the respondent submits that he will verify the position. In case the possession has already been taken by the respondent then the status quo order shall be maintained by both the parties.
(Justice Manmohan Singh) Chairman
New Delhi, 10th September, 2018 ‘s’
FPA-PMLA-2475-2489/DLI/2018
Page 3 of 3
1 issue framed by the court
Whether to allow fresh appeals under Section 26 of PMLA and grant stay of coercive action pending outcomes.
2 provisions across 2 enactments
Mrs. Mamta Jain and others
The Deputy Director, Directorate of Enforcement, Delhi
Manmohan Singh
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
