The Tribunal listed fresh appeals under Section 26 PMLA and granted a status quo order regarding attached properties pending disposal of the appeals.
Status quo with regard to properties attached to be maintained by parties.
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 FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI
| (1) MP-PMLA-5288/AHD/2018 (Stay) FPA-PMLA-2718/AHD/2018 |
||
|---|---|---|
| M/s. Diamond Projects Ltd. | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| (2) MP-PMLA-5289/AHD/2018 (Stay) FPA-PMLA-2719/AHD/2018 |
||
| Mr. Sumit Suresh Bhatnagar | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| (3) MP-PMLA-5290/AHD/2018 (Stay) FPA-PMLA-2720/AHD/2018 |
||
| Amit Suresh Bhatnagar | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| (4) MP-PMLA-5291/AHD/2018 (Stay) FPA-PMLA-2721/AHD/2018 |
||
| Madhurilata Bhatnagar | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| (5) MP-PMLA-5292/AHD/2018 (Stay) FPA-PMLA-2722/AHD/2018 |
||
| Mona Amit Bhatnagar | … | Appellant |
| Versus | ||
| The Deputy Director | ||
| A-2718-2725 & 2706/AHD/2018 Directorate of Enforcement, Ahmedabad |
… | Page 1 of 3 Respondent |
FPA-PMLA-2718-2725 & 2706/AHD/2018
| (6) MP-PMLA-5293/AHD/2018 (Stay) FPA-PMLA-2723/AHD/2018 |
||
|---|---|---|
| Mayfair Leisure Ltd. | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| (7) MP-PMLA-5294/AHD/2018 (Stay) FPA-PMLA-2724/AHD/2018 |
||
| Richa Sumit Bhatnagar | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| (8) MP-PMLA-5295/AHD/2018 (Stay) FPA-PMLA-2725/AHD/2018 |
||
| Suresh Narain Bhatnagar | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| (9) MP-PMLA-5263/AHD/2018 (Stay) FPA-PMLA-2706/AHD/2018 |
||
| M/s. Nothway Spaces Ltd. | … | Appellant |
| Versus | ||
| The Deputy Director Directorate of Enforcement, Ahmedabad |
… | Respondent |
| Advocates/Authorized Representatives who | appe | ared |
| For the appellant : Tan Anur Suda |
maya ag Sa nshu |
Mehta, Tirth Bhatt, hay, Rinkel Singh, Sikka, Advocates |
| For the respondent : Shri |
Atul T | ripathi, Advocate |
| FPA-PMLA-2718-2725 & 2706/AHD/2018 | Page 2 of 3 |
Page 2 of 3
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN
ORDER 03.12.2018
FPA-PMLA-2718-2725 & 2706/AHD/2018
Fresh appeals have been filed under section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 1st October, 2018. Issue notice. Mr. Tripathi accepts the notice. He seeks time to file the replies. Let the same be filed within six weeks with an advance copy to the learned counsel for the appellant who may file the rejoinders within four weeks.
The learned counsel for the appellant is pressing for interim order. It is submitted by him that number of properties have been purchased much prior to the date of registering the offence. His client being the borrower have mortgaged some of property against loan taken from the banks. It is also stated that his client shall not dispose of the said property till the appeals are finally decided. The prayer is opposed by Mr. Tripathi. In view of the statement made, parties to the appeals shall maintain the ‘status quo’ with regard to the properties attached.
List on 11th March, 2019.
Copy of the order be given ‘dasti’ to both the parties.
(Justice Manmohan Singh) Chairman
New Delhi, 3rd December, 2018 ‘r’
FPA-PMLA-2718-2725 & 2706/AHD/2018
Page 3 of 3
2 issues framed by the court
Whether notices be issued under Section 26 of the Prevention of Money Laundering Act, 2002 in fresh appeals?
Whether an interim status quo order regarding attached properties be granted?
1 provisions across 1 enactments
M/s. Diamond Projects Ltd.
Mr. Sumit Suresh Bhatnagar
Amit Suresh Bhatnagar
Madhurilata Bhatnagar
Mona Amit Bhatnagar
The Deputy Director, Directorate of Enforcement, Ahmedabad
MANMOHAN SINGH
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
