FPA-PMLA-2566/MUM/2018 of Indian Overseas Bank v/s The Deputy Director, Directorate of Enforcement, Mumbai

ATFP5 Nov 2018FPA-PMLA-2566/MUM/2018

Case brief

AI extract

What is this about?

This order records the receipt of fresh appeals filed under Section 26 PMLA. The tribunal granted the appellants four weeks to file written arguments and allowed parties to file written synopis. Both parties are directed to maintain status quo on attached properties.

What did the court decide?

Four weeks time granted for filing arguments; status quo maintained on mortgaged properties; notice issued.

FPA-PMLA-2566/MUM/2018 of Indian Overseas Bank v/s The Deputy… — Money Laundering | ATFP (2018)

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

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MP-PMLA-4983/MUM/2018 (Exem.) & FPA-PMLA-2566/MUM/2018

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Indian Overseas Bank … Appellant

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Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent MP-PMLA-4984/MUM/2018 (Exem.) & FPA-PMLA-2567/MUM/2018 Punjab National Bank … Appellant Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Karan Khanna, Advocate
For the respondent	: Shri Nitesh Rana, Advocate on behalf of Shri N.K. Matta, Advocate
CORAM JUSTICE MANMOHAN SINGH	: CHAIRMAN

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ORDER 05.11.2018

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FPA-PMLA-2566 & 2567/MUM/2018

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Fresh appeal has been filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 01^st January, 2015. Learned counsel for the appellant states that despite having knowledge that the bank is relevant party. No notice under Section 8(1) issued. As and

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FPA-PMLA-2566 & 2567/MUM/2018

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when, the bank came to know about the order, the bank filed the writ petition No. 1220/2015 before the Hon’ble High Court of Adjudicature at Bombay and by order dated 13^th August, 2018 while disposing of the writ petition, the appellant was granted liberty to challenge the impugned order by filing of an appeal before this Tribunal under Section 26 of Section 1 of the PMLA, 2002. Four weeks time is granted to do the needful. The appeal was filed on 25^th September, 2018. It is also stated by the learned counsel for the appellant that the possession is with the appellant and the respondent be restrained not to take the possession of the mortgaged properties. Issue notice. Reply be filed within four weeks. Both the parties are also allowed to file the written synopsis till the next date of hearing. Both the parties shall maintain the status quo in respect of the mortgaged properties which are attached by the respondent.

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List on 10^th December, 2018.

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(Justice Manmohan Singh) Chairman

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New Delhi, 05^th November, 2018 ‘A’

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FPA-PMLA-2566 & 2567/MUM/2018

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FPA-PMLA-2566/MUM/2018 of Indian Overseas Bank v/s The Deputy Director, Directorate of Enforcement, Mumbai

Case brief

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FPA-PMLA-2566/MUM/2018 of Indian Overseas Bank v/s The Deputy Director, Directorate of Enforcement, Mumbai

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