FPA-PMLA-2525/CHN/2018 of M/s. Deepa Impex Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

ATFP11 Sept 2018FPA-PMLA-2525/CHN/2018

Case brief

AI extract

What is this about?

Appeals against an order under Section 8(4) of the PMLA regarding property recovery. The tribunal granted an interim order restraining the respondent from taking coercive steps or possession of the contested property until the next hearing, noting the appellants' undertaking not to dispose of it.

What did the court decide?

Granted an interim order restraining the respondent from taking any coercive steps or possession of the property until the next hearing.

FPA-PMLA-2525/CHN/2018 of M/s. Deepa Impex Pvt. Ltd. v/s The… — Banking and Recovery | ATFP (2018)

¶1

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

¶2

MP-PMLA-4910/CHN/2018 (Stay) & FPA-PMLA-2525/CHN/2018
M/s. Deepa Impex Pvt. Ltd.	… Appellant
MP-PMLA-4911/CHN/2018 (Stay) &
FPA-PMLA-2526/CHN/2018
Shri K.C. Chandran	… Appellant
MP-PMLA-4912/CHN/2018 (Stay) & FPA-PMLA-2527/CHN/2018
Smt. C. Chandra	… Appellant
&
MP-PMLA-4913/CHN/2018 (Stay) &
FPA-PMLA-2528/CHN/2018 K.C. Karthik Madhav	… Appellant
Versus
The Deputy Director
Directorate of Enforcement, Chennai	… Respondent

¶3

Advocates/Authorized Representatives who appeared

¶4

For the appellants	: Shri S.A. Saud, Advocate & Shri S. Ravi, Advocate
For the respondent	: Shri Neeraj Atri, Advocate
CORAM JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G. C. MISHRA	: MEMBER

¶5

FPA-PMLA-2525-2528/CHN/2018 Page 1 of 3

¶6

ORDER 11.09.2018

¶7

FPA-PMLA-2525-2528/CHN/2018

¶8

The present appeals have been filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 26^th June, 2018. Issue notice. Mr. Neeraj Atri, learned counsel for the respondent accepts the notice who seeks six weeks time to file the reply. Let the same be filed within six weeks with an advance copy to the learned counsel for the appellant who may file the rejoinder four weeks thereafter.

¶9

The learned counsel for the appellant is pressing for interim order in view of the notice issued under Section 8(4) of the Act as the respondent is going to take the possession of the immoveable property. The detail of the property which are mentioned below:

¶10

“House with 3300 Sq. Ft. area situated at Old Door No. 2, New Door No. 67, Plot No. 2, Aspiran Garden 2^nd Street, Kilpauk, Chennai- 600010 in the name of Smt. C. Chandra and Shri K.C. Karthick Madhav, purchased from M/s. TTG Industries Ltd.”

¶11

Learned counsel for the appellant states that the appellant are residing in the said property and undertake not to dispose of said property in any manner directly or indirectly till the appeal is finally decided. He also pointed out page No. 128 i.e., answer to the question No. 3. His submission is that in view of the specific details are given by the appellant no further investigations has been made by the respondent. Without expressing any opinion on merit, at this stage, we are of the view that in view of the grounds taken in the appeal, the appellant is entitle for interim order.

¶12

FPA-PMLA-2525-2528/CHN/2018 Page 2 of 3

¶13

Till the next date of hearing, no coercive steps shall be taken by the

¶14

respondent in view of the notice issued under Section 8(4) of the Act.

¶15

List these appeals on 29^th January, 2019.

¶16

Copy of the order be given „dasti‟ to both the parties.

¶17

(Justice Manmohan Singh) Chairman

¶18

(G. C. Mishra) Member

¶19

New Delhi, 11^th September, 2018

¶20

‘A’

¶21

FPA-PMLA-2525-2528/CHN/2018 Page 3 of 3

FPA-PMLA-2525/CHN/2018 of M/s. Deepa Impex Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

What is this about?

What did the court decide?

FPA-PMLA-2525/CHN/2018 of M/s. Deepa Impex Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases