Disposed

FPA-PMLA-2697/LKW/2018 of Smt. Kusum Lata v/s The Joint Director Directorate of Enforcement, Lucknow

ATFP15 Nov 2018FPA-PMLA-2697/LKW/2018

Case brief

AI extract

What is this about?

The Appellate Tribunal, Prevention of Money Laundering Act, New Delhi entertained an appeal and stay application under Section 26 of the PMLA, 2002, challenging an order following a notice under Section 8(4). The appellant sought relief concerning only one of the 18 properties listed in the eviction notice, undertaking not to dispose of it. The Court remarked upon the facts and accepted the appellant's undertaking.

What did the court decide?

No coercive step shall be taken by the respondent pertaining to the property Plot No. A-10, Sect.-51, Noida, in view of the notice under Section 8(4) of the Act.

FPA-PMLA-2697/LKW/2018 of Smt. Kusum Lata v/s The Joint Director… — Money Laundering | ATFP (2018)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-5241/LKW/2018 (Stay) FPA-PMLA-2697/LKW/2018 … Appellant

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Smt. Kusum Lata

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Versus

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The Joint Director Directorate of Enforcement, Lucknow

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellants	: Mr. Anuj Tandon, Mr. F.A. Ayubbi & Ms. Aditi Gupta, Advocates
For the Respondent	: Mr. Mohd Faraz, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G. C. MISHRA	: MEMBER

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ORDER 15.11.2018

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MP-PMLA-5241/LKW/2018 (Stay) & FPA-PMLA-2697/LKW/2018

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Fresh appeal has been filed under Section 26 of Prevention of Money Laundering Act, 2002 against the order dated 3^rd October, 2018. Alongwith the appeal the application for stay has also been filed in view of the notice issued under section 8(4) of the Act dated 2^nd November, 2018. Issue notice to the respondent. Mr. Faraz, Advocate accepts the notice. 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.

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Counsel for the appellant is pressing for interim order in view of the notice issued under Section 8(4). There are 18 properties listed in the eviction notice. The counsel for the appellant is only pressing for property no. 18 i.e, Plot No. A-10, Sect.-51, Noida (350 sq. Meter).

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FPA-PMLA-2697/LKW/2018

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Page 1 of 2

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The counsel for the appellant states that the said property was purchased on 28^th July, 2003 and at that time there was no allegation against her husband. It is also stated by him that the appellant as well as his family members are residing there as mentioned in Para-4 of the interim application. Counsel has also referred the Supreme Court order dated 7^th September, 2018. Counsel for the appellant undertakes on behalf of the appellant that his client shall not dispose of the said property in any manner directly or indirectly. In view of the facts and circumstances no coercive step shall be taken by the respondent pertaining to the above mentioned property in view of notice issued under Section 8(4) of the Act. The liberty is also given to the respondent to verify the position and in case any modification required, an application may be filed. Counsel for the appellant agrees to file the copy of the bail order which was granted in view of the order dated 7^th September, 2018 by the special court.

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List on 9th April, 2019.

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(Justice Manmohan Singh) Chairman

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(G. C. Mishra)

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Member

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New Delhi, 15^th November, 2018

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‘K’