Dismissed

FPA-PMLA-854/IDR/2015 of Ranveer Singh Chhabra v/s The Joint Director, Directorate of Enforcement, Indore

ATFP13 Sept 2018FPA-PMLA-854/IDR/2015

Case brief

AI extract

What is this about?

The Appellate Tribunal disposed of stays applications filed against directions by the Enforcement Directorate. The Court noted the appellant's desire to approach the Special Court under Section 8(8) of the PMLA regarding attachment and restored confiscation, and deemed the appeal disposed of accordingly.

What did the court decide?

The appeal was disposed of noting the appellant's leave to move the Special Court under Section 8(8) of the PMLA.

FPA-PMLA-854/IDR/2015 of Ranveer Singh Chhabra v/s The Joint Director… — Corruption | ATFP (2018)

¶1

APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

¶2

(1) MP-PMLA-1632/IDR/2015(STAY) FPA-PMLA-853/IDR/2015
M/s Devcon Co. Pvt. Ltd.	…	Appellant/Applicant
Versus
The Joint Director, Directorate of Enforcement, Indore	…	Respondent
(2) MP-PMLA-1634/IDR/2015(STAY) FPA-PMLA-854/IDR/2015
Ranveer Singh Chhabra	…	Appellant/Applicant
Versus
The Joint Director, Directorate of Enforcement, Indore	…	Respondent

¶3

Advocates/Authorized Representatives who appeared

¶4

For the appellant	: Shri S.A. Saud, Advocate
For the respondent	: Shri Vikas Garg, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER

¶5

ORDER 13.09.2018

¶6

FPA-PMLA-853-854/IDR/2015

¶7

The learned counsel says that his client i.e. appellant is a victim party who has suffered because of attachment. In view of amendment incorporated by Act, 13 of 2018, the appellant desires to move special court u/s 8(8) of the PMLA, 2002. The provisions of 8(8) reads as under:

¶8

Where a property stands confiscated to the Central Government under sub-section (5), the Special Court, in such manner as may be prescribed, may also direct the Central Government to restore such confiscated property or part thereof of a claimant with a legitimate interest in the property, who may have suffered a quantifiable loss as a result of the offence or money laundering:

¶9

FPA-PMLA-853 & 854/IDR/2015

¶10

Page 1 of 2

¶11

Provided that the Special Court shall not consider such claim unless it is satisfied that the claimant has acted in good faith and has suffered the loss despite having taken all reasonable precautions and is not involved in the offence of money laundering: [Provided further that the Special Court may, if it thinks fit, consider the claim of the claimant for the purposes of restoration of such properties during the trial of the case in such manner as may be prescribed.]

¶12

The counsel also states that in view of this application appeal be

¶13

disposed of.

¶14

We are of the view that it is case of the appellant may move the Special Court u/s 8(8) of PMLA, 2002 as amended will decide the application as per its own merit.

¶15

The appeal is disposed of accordingly.

¶16

(Justice Manmohan Singh) Chairman

¶17

(G.C. Mishra) Member

¶18

New Delhi, 13^th September, 2018

¶19

‘D’

¶20

FPA-PMLA-853 & 854/IDR/2015

¶21

Page 2 of 2

FPA-PMLA-854/IDR/2015 of Ranveer Singh Chhabra v/s The Joint Director, Directorate of Enforcement, Indore

Case brief

What is this about?

What did the court decide?

FPA-PMLA-854/IDR/2015 of Ranveer Singh Chhabra v/s The Joint Director, Directorate of Enforcement, Indore

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases