The Tribunal directed the respondent to submit the reason to believe for the provisional attachment and adjourned the appeal.
The respondent directed to file the reason to believe recorded before the provisional attachment order and at the time of the adjudication order.
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
MP-PMLA-4338/KOL/2018 (Adj.) MP-PMLA-2120/KOL/2015 (Stay) MP-PMLA-1943/KOL/2015 (Permission) &
FPA-PMLA-998/KOL/2015 Orissa Millennium Education Trust
… Appellant
Versus The Joint Director
Directorate of Enforcement, Kolkata … Respondent Advocates/Authorized Representatives who appeared
For the appellant : Dr. Shamsuddin & Sh. Rahul Kumar, Advocates For the respondent : Shri N.K. Matta, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER
ORDER
23.10.2018
FPA-PMLA-998/KOL/2015
Dr. Shamsuddin, the learned counsel for the appellant who wants to file certain documents, Let the same be done within 10 days with an advance copy to Sh. N.K. Matta, learned counsel for the Appellant who will examine the same.
In view of the controversy in the present case, the respondent is directed to file the copy of the reason to believe which were recorded before the passing of the Provisional Attachment Order as well as at the time of the issuance of the passing of the order u/s 8(1) of the Adjudicating Authority. With regard to the reason to believe u/s 8(1) of the Adjudicating Authority, file be summoned from the Adjudicating Authority by the registry before the next date of hearing.
List the appeal on 27th November, 2018.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member New Delhi, 23rd October, 2018 M
FPA-PMLA-998/KOL/2015
Page 1 of 1
2 issues framed by the court
Whether the respondent must file the reason to believe recorded for the provisional attachment order and adjudication.
Whether documents submitted by the appellant's counsel should be shared with the opposite party.
1 provisions across 1 enactments
Orissa Millennium Education Trust
The Joint Director, Directorate of Enforcement, Kolkata
Manmohan Singh
G.C. Mishra
As recorded by the court registry
24 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
