The tribunal issued notices to file replies in appeals against an Adjudicating Authority's order. It also addressed stay applications concerning property possession notices.
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-5059/MUM/2018 (E.H.) MP-PMLA-5060/MUM/2018 (Stay) FPA-PMLA-2593/MUM/2018 |
||
|---|---|---|
| Rajendra Singh Atar Singh Yadav | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Mumbai | … | Respondent |
| 2. MP-PMLA-5061/MUM/2018 (E.H.) MP-PMLA-5062/MUM/2018 (Stay) FPA-PMLA-2594/MUM/2018 |
||
| Mrs. Rekha Rajendra Yadav | … | Appellant/Applicant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Mumbai | … | Respondent |
Advocates/Authorized Representatives who appeared
| For the appellants | : Sh. Anand Mishra, Advocate Mr. Amrender Kumar Singh, Advocate Mr. Rajendra Singh Atar Singh Yadav, present in person. |
|---|---|
| For the respondent | : Sh. N.K. Matta, Advocate |
| CORAM JUSTICE MANMOHAN SINGH |
: CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
ORDER 10.10.2018
FPA-PMLA-2593 & 2594/MUM/2018
The above mentioned two appeals have been filed u/s 26 of PMLA
against the order dated 29th August, 2018 passed by the Adjudicating Authority.
FPA-PMLA-2593& 2594/MUM/2018
Page 1 of 4
The learned counsel for the appellant submits that the about total sum of Rs. 58.3 crores have been received by the appellant from Mr. Mahesh Motewar & his company directly or indirectly. Counsel for the appellant also states that in case the attachment on all the properties is lifted, the appellant is prepared to secure to said amount i.e. Rs. 58.3 crores. He further states that Rs. 12 crores have already been secured by the appellant. Property at sr. no. 40 to 45 have been attached against the value there of. Appellant present in person and under takes that he will not to dispose of these property directly or indirectly till further order of this Tribunal.
Issue notice in the appeals. Mr. N.K. Matta, counsel for the respondent accepts the notice and seeks time to file the replies. Let the replies be filed within four weeks with an advance copy to the counsel for the appellant who may file the rejoinders by the next date of hearing.
List on 5th December, 2018.
MP-PMLA-5062 & 5060/MUM/2018 (Stay)
After filing the appeals the appellants are pressing for interim order therefore these two applications have also filed i.e. MP-PMLA-5062 & 5060/MUM/2018 (Stay). Alongwith the applications the appellants have filed the notices received u/s 8(4) of the PMA Act whereby the respondent intends to take the possession of the following properties. “
| Sr. no. Prope |
rty description & Area |
|---|---|
| 1. Situa Pune. 1) |
ted at Pimpriwaghaere, Tal-Haveli, Dist- ION 7 building situated at CTS No. 5846 |
| 2) | Survey no. 33 |
| 3) | Surveyno. 33 |
FPA-PMLA-2593& 2594/MUM/2018
Page 2 of 4
| 4) Survey no. 33 5) Survey no. 33 6) Survey no. 34 |
|
|---|---|
| Office no. 602, in Wing-2 on 6thfloor of said building. |
|
| 2 | Situated at Pimpriwaghaere, Tal-Haveli, Dist- Pune. ION 7 building situated at 1) CTS No. 5846 2) Survey no. 33 3) Survey no. 33 4) Survey no. 33 5) Survey no. 33 6) Survey no. 34 |
| Office no. 603, in Wing-2 on 6thfloor of said building. |
|
| 3 | Situated at Pimpriwaghaere, Tal-Haveli, Dist- Pune. ION 7 building situated at 1) CTS No. 5846 2) Survey no. 33 3) Survey no. 33 4) Survey no. 33 5) Survey no. 33 6) Survey no. 34 |
| Office no. 601, in Wing-2 on 6thfloor of said building. |
|
| 4 | Situated at village chinchwad, within the registration district pune, CTS no.s 4510 (1) CS no. 4510/1, Building Empire Estate Flat no. 1201 in Wing P-4, 1133 Sq. feet carpet area +201 sq. feet terrace+ parking no. 69 with 8 sq. meter area. |
| 5 | Situated at village chinchwad, within the registration district pune, CTS no.s 4510 (1) CS no. 4510/1, Building Empire Estate |
| Flat no. 1202 in Wing P-4, 1223 Sq. feet carpet area +217 sq. feet terrace+ top terrace 365 sq. feet +parkingno. 71 with 8 sq. meter area |
|
| 6 | Kolhapur flat CTS no. 705/A-1, A-Ward, Sarnaik Colony, Shivajipeth, Rajandini Apartment Flat no. 5 on second floor of said building. |
”
The said properties are mentioned in 40 to 45 in Scheduled B to
O.C.
FPA-PMLA-2593& 2594/MUM/2018
Page 3 of 4
Issue notice in the applications. Mr. N.K. Matta, counsel for the respondent accepts the notice and seeks time to file the replies. Let the replies be filed within four weeks with an advance copy to the counsel for the appellant who may file the rejoinders by the next date of hearing.
List on 5th December, 2018.
The learned counsel for the respondent states that he will also verify the position about the present status of the properties as well as details of the user and occupations charges and will inform us on the next date of hearing. We will considere the said request if any petition is filed by the respondent.
Till the next date of hearing states quo shall be maintained by both the parties with regard to the above mentioned properties in which u/s 8(4) notice has been issued. The undertaking given by the appellant is granted accordingly.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 10th October, 2018
„s‟
FPA-PMLA-2593& 2594/MUM/2018
Page 4 of 4
Rajendra Singh Atar Singh Yadav
Mrs. Rekha Rajendra Yadav
The Deputy Director, Directorate of Enforcement, Mumbai
Manmohan Singh
G.C. Mishra
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
