The Appellate Tribunal dismissed the appeals but adjourned for filing replies. It issued notices to the respondent and granted a stay on coercive action pending the hearing.
Stay on coercive action pending filing of replies; appeal not decided finally on merits.
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-5115/DLI/2018 (Stay) FPA-PMLA-2620/DLI/2018 Mr. Sanjay Jain … Appellant/Applicant 2. MP-PMLA-5116/DLI/2018 (Stay) FPA-PMLA-2621/DLI/2018 Mr. Atul Jain … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Patna … Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Mr. Yoginder Handoo, Advocate |
|---|---|
| For the respondent | : Mr. Neeraj Atri, Advocate |
| CORAM JUSTICE MANMOHAN SINGH |
: CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
ORDER
18.10.2018
FPA-PMLA-2620 & 2621/DLI/2018
The present appeals have been filed u/s 26 of prevention of Money Laundering Act, 2002 against the order dated 26th September, 2018.
Issue notice. Mr. Neeraj Atri, counsel for the respondent and seeks
time to file the replies. Let the replies be filed within six weeks with an advance copy t the counsel for the appellant who may file the rejoinders
four weeks thereafter.
FPA-PMLA-2620 & 2621/DLI/2018
Page 1 of 2
MP-PMLA-5115 & 5116/DLI/2018 (Stay)
After filing the appeal, a notice dated 12th October, 2018 u/s 8(4) of PMLA has been issued to the appellant by the respondent.
We have heard both the parties. Let the replies to the stay applications be filed by the respondent within six weeks with an advance copy to the counsel for the appellant who may file the rejoinders within four weeks thereafter.
Till the next date of hearing no coercive action shall be taken in view of the notice dated 12th October, 2018 issued u/s 8 (4) of PMLA, 2002.
List on 6th March, 2019.
Order be given dasti to both the parties.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 18th October, 2018 ‘s’
FPA-PMLA-2620 & 2621/DLI/2018
Page 2 of 2
2 issues framed by the court
Whether to allow the appeal filed under Section 26 of PMLA against the order dated 26th September, 2018.
Whether to grant stay on coercive action while submitting replies to the stay applications under Section 8(4) of PMLA.
2 provisions across 1 enactments
Mr. Sanjay Jain
Mr. Atul Jain
The Deputy Director Directorate of Enforcement, Patna
Manmohan Singh
G.C. Mishra
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
