Four appeals were adjourned for two weeks due to the non-appearance of appellant counsel. The court sought clarification on whether a High Court stay affected these proceedings. An order on the records was directed.
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, NDPS, PMLA & PBPT ACT AT NEW DELHI
FPA-PMLA-1185/HYD/2016 Naga Krishna Transport Comp. Employees … Appellant FPA-PMLA-1186/HYD/2016 Cherukuri Kutumba Rao … Appellant FPA-PMLA-1187/HYD/2016 Cherukuri Pushpavathi … Appellant & FPA-PMLA-1165/HYD/2015 Deccan Cromates Ltd. … Appellant Versus The Deputy Director Directorate of Enforcement, Hyderabad … Respondent
Advocates/Authorized Representatives who appeared
For the appellants : None For State Bank of India : Advocate Appeared For the respondent : Shri Neeraj Atri, Advocate
CORAM
JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER
ORDER 08.03.2019
FPA-PMLA-1185-1187/HYD/2016 & FPA-PMLA-1165/HYD/2015
The main counsel for the appellants are not appearing for the last many dates. Today when the matters are taken up, no one appeared on behalf of the appellants. Learned counsel on behalf of State Bank of India appeared. On 5.2.2019, the following order was passed by this Bench.
“The impugned order in the above said matter was passed on 20th October, 2015. The above mentioned four appellants and State Bank of India were the defendants were parties in the O.C. no. 504/2015 as defendant no. 1 to 5. The above mentioned four appeals have been filed by the borrowers. The fifth appeal is filed by the State Bank of India who was the FPA-PMLA-1185-1187/HYD/2016 Page 1 of 3 & FPA-PMLA-1165/HYD/2015
defendant no. 5 in the impugned order. It is common Impugned order no. 504/2015 The Chairman and two members have already heard the appeal filed by the State bank of India and the order has been reserved.
On 30th of January, 2019, it has come to the notice about the pendency of borrowers appeals. The said factual position was pointed out by one of the member during the course of discussion in the matter of appeal of State Bank of India. The said position has been confirmed from the registry and it was found that the borrowers appeals in the above mentioned are also pending and the same are listing on 5th February, 2019.
No one appeared on behalf of the appellants when the appeals are taken up. However, the learned counsel for the respondent has informed that he has received the telephone call from the learned counsel for the appellant for adjournment. Earlier, it was informed to us that the Hon’ble High Court of Telangana and the State of Andhra Pradesh Judicature at Hyderabad has stayed the further proceedings.
It is not clear as to whether the stay order was passed for staying of the present proceedings or only the proceedings of Criminal Cases. Photocopy of the earlier order was produced by the appellant is available. Since the learned counsel for the appellants is not available, the said factual position could not be ascertained.
Under these circumstance, the matter is adjourned to 12th February, 2019 for seeking clarification from learned counsel for the appellants and for further direction”.
FPA-PMLA-1185-1187/HYD/2016 & FPA-PMLA-1165/HYD/2015
Page 2 of 3
The learned counsel for the State Bank of India and ED seeks some time to file the copies of all the orders and petition which were filed by the borrowers before the Hon’ble High Court of Judicature at Hyderabad. They are allowed to file the same by the next date of hearing and also to clarify the position as to whether any interim order passed by the Hon’ble High Court is still continuing and whether they are pertaining to the present proceedings or not. Sh. Neeraj Atri, learned counsel for the respondent seeks time to produce all the documents along with the interim order. Four weeks time is granted to file the same.
List on 25th April, 2019.
Copy of the order be given ‘ Dasti ’ to the learned counsel for the State Bank of India and Enforcement Directorate (respondent). Copy of the order shall also be kept in the file of appeal filed by State Bank of India.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 8th March, 2019
M
FPA-PMLA-1185-1187/HYD/2016 & FPA-PMLA-1165/HYD/2015
Page 3 of 3
1 issue framed by the court
Clarification sought regarding the scope of the High Court stay order and availability of appellant counsel.
Naga Krishna Transport Comp. Employees
Cherukuri Kutumba Rao
Cherukuri Pushpavathi
Deccan Cromates Ltd.
State Bank of India
Deputy Director, Directorate of Enforcement
Justice Manmohan Singh
G.C. Mishra
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
