The Appellate Tribunal allowed preliminary submissions regarding the intertwinement of Section 8(4) notices and interim orders. Notices were issued for reply; attachment continued.
Notice issued for reply; attachment continued.
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
MP-PMLA-5043/GOA/2018 U.A. MP-PMLA-5044/GOA/2018 Stay MP-PMLA-5045/GOA/2018 Exem. FPA-PMLA-2585/GOA/2018 M/s Sunil Hi-Tech Engineers Ltd.
M/s Sunil Hi-Tech Engineers Ltd. … Appellant MP-PMLA-5046/GOA/2018 U.A. MP-PMLA-5047/GOA/2018 Stay MP-PMLA-5048/GOA/2018 Exem. FPA-PMLA-2586/GOA/2018 Shri Sunil Gutte … Appellant
Versus The Deputy Director Directorate of Enforcement, Goa … Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : |
Shri Mudit Jain , Advocate Shri Shivansh Gupta, Advocate |
|---|---|---|
| For the respondent | : | Mohd. Faraz, Advocate |
| CORAM JUSTICE MANMOHAN SINGH SHRI G. C. MISHRA |
: : |
CHAIRMAN MEMBER |
| ORDER 30.10.201 |
8 |
FPA-PMLA-2585-2586/GOA/2018
Fresh appeals have been filed under Section 26 of Prevention of Money Laundering Act, 2002 against the order dated 13th August, 2018. Issue notice to the respondent. Let the reply be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.
Counsel for the appellant is pressing for status quo order. Counsel for the respondent states that since no notice under Section 8(4) is issued therefore, the interim order could not be passed. We direct that in case, the respondent intents to take the possession of amount they shall issue the FPA-PMLA-2585-2586/GOA/2018 Page 1 of 2
notice to the appellant as well as his counsel. So, the appellant may press for interim order.
List on 12th February, 2019.
However, the attachment will continue.
(Justice Manmohan Singh) Chairman
(G. C. Mishra) Member
New Delhi, 30th October, 2018
‘K’
FPA-PMLA-2585-2586/GOA/2018
Page 2 of 2
2 issues framed by the court
Whether an interim status quo order could be passed without issuance of notice under Section 8(4) of the Prevention of Money Laundering Act, 2002.
Whether attachment initiated continues despite the pending status of the appeals under Section 26.
2 provisions across 1 enactments
M/s Sunil Hi-Tech Engineers Ltd.
Shri Sunil Gutte
The Deputy Director, Directorate of Enforcement, Goa
Manmohan Singh
G. C. Mishra
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
