FPA-FE-175/KOL/2003 of Shri Anoop Kumar v/s The Special Director Directorate of Enforcement, Kolkata

ATFP13 Sept 2019FPA-FE-175/KOL/2003

Case brief

AI extract

What is this about?

Apuis appellate bench adjourned appeal to allow time for scrutiny of bulky documents submitted by appellants pending an extension from the Calcutta High Court for de novo adjudication.

What the court decided

AI extract

FPA-FE-175/KOL/2003 of Shri Anoop Kumar v/s The Special Director Directorate of Enforcement, Kolkata — ATFP (2019) — LawSathi Research

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

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FPA-FE-175/KOL/2003 Sh. Anoop Kumar … Appellant FPA-FE-176/KOL/2003 M/s SSK Export Ltd. … Appellant

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Versus

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The Special Director Directorate of Enforcement, Kolkata … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Sh. Sudhir Mehta, Advocate
For the respondent	: Ms. Aagam Kaur, Legal Consultant Mr. Prashant Pandey, Legal Consultant
CORAM
SHRI G.C. MISHRA	: MEMBER

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ORDER 13.09.2019

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FPA-FE-175 & 176 /KOL/2003

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These appeals were heard and decided by my predecessor whose tenure is over on 23.08.2019. Her files have been transferred by Hon’ble Chairman to this bench and these appeals are placed before the undersigned only on 5.09.2019.

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Ld. counsel for both the parties are present. During the course of hearing, a bunch of documents containing 246 pages are submitted by the ld. counsel for the appellant for re-construction of the record. A set of same has also been given to the ld. counsel for the respondent. This bench needs time to go through these voluminous records.

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The Hon’ble Calcutta High Court has given direction on dated 14.02.2019 for “ De novo adjudication with reasons upon hearing the parties within six months of communication of the order” .

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FPA-FE-175,& 176 /KOL/2003

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Page 1 of 2

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The order was communicated firstly by ED and secondly by the appellants. The first communication received from ED was on 8.04.2019 and six months period is going to be expired on 07.10.2019. Little time is left to the Tribunal to go through the voluminous records, to hear and decide the matters.

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The appellant has undertaken to move the Hon’ble High Court, Calcutta for extension of time well before 07.10.2019, the last date of expiring of six months, with an intimation to this Tribunal.

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The ld. counsel for the appellants is directed to sit with the registry and verify, if any, documents are not in the record. In the event, some documents/ papers are not available in the Tribunal’s record the same may be re-constructed. A copy of the same also be provided to the respondent in the interest of justice.

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Parties are allowed to file the written synopsis.

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With the consent of both the parties, the matters are adjourned for 20^th December, 2019.

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Order be given “ dasti” to both the parties.

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(G.C. Mishra) Member

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New Delhi, 13^th September, 2019. ‘s’

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FPA-FE-175,& 176 /KOL/2003

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FPA-FE-175/KOL/2003 of Shri Anoop Kumar v/s The Special Director Directorate of Enforcement, Kolkata

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FPA-FE-175/KOL/2003 of Shri Anoop Kumar v/s The Special Director Directorate of Enforcement, Kolkata

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