Disposed

FPA-PMLA-1530/DLI/2016 of Indian Overseas Bank & Others. v/s The Joint Director, Directorate of Enforcement, Delhi

ATFP10 Dec 2019FPA-PMLA-1530/DLI/2016

Case brief

AI extract

What is this about?

The Acting Chairman directed that proceedings continue in light of the High Court's order clarifying that the Supreme Court's status quo applies only to property disposal, not Tribunal proceedings. Appeals were listed for December 24, 2019, with parties granted two weeks for synopsis.

What did the court decide?

Continued proceedings; parties granted two weeks to file written synopses; appeals listed for December 24, 2019.

FPA-PMLA-1530/DLI/2016 of Indian Overseas Bank & Others… — Insolvency and Bankruptcy | ATFP (2019)

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

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1. FPA-PMLA-1581/DLI/2016 Union Bank of India	…	Appellant
2. FPA-PMLA-1530/DLI/2016
Indian Overseas Bank & Others.	…	Appellants
3. FPA-PMLA-1550/DLI/2016
Andhra Bank	…	Appellant
4. FPA-PMLA-1551/DLI/2016
State Bank of Hyderabad	…	Appellant
5. FPA-PMLA-1552/DLI/2016
Canara Bank	…	Appellant
6. FPA-PMLA-1553/DLI/2016
Vijaya Bank	…	Appellant
7. FPA-PMLA-1554/DLI/2016
Bank of Baroda	…	Appellant
8. FPA-PMLA-1555/DLI/2016
State Bank of India	…	Appellant
9. FPA-PMLA-1556/DLI/2016
Oriental Bank of Commerce	…	Appellant
10. FPA-PMLA-1566/DLI/2016
Punjab National Bank	…	Appellant
Versus
The Joint Director,
Directorate of Enforcement, Delhi	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellants	: Shri Karan Khana, Advocate Ms. Asmita Kumar, Advocate
For the Respondent	: Ms. Aishani Narain, Proxy Advocate for Shri Vikas Garg, Advocate
CORAM
SHRI G.C. MISHRA	: ACTING CHAIRMAN

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FPA-PMLA-1581/DLI/2016 FPA-PMLA-1530/DLI/2016 FPA-PMLA-1550-1556/DLI/2016 FPA-PMLA-1566/DLI/2016

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Page 1 of 3

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ORDER 10.12.2019

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FPA-PMLA-1581/DLI/2016, FPA-PMLA-1530/DLI/2016, FPA-PMLA1550-1556/DLI/2016 & FPA-PMLA-1566/DLI/2016

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Learned counsels for both the parties are present. Learned counsel for the appellant has filed the copy of the order dated 06.12.2019 passed by the Hon’ble High Court of Delhi at New Delhi in the matter of CRL.A. 1090/2018 filed by Directorate of Enforcement versus Indian Overseas Bank & Ors. Hon’ble High Court vide order dated 06.12.2019 passed the following order:

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“ ORDER

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06.12.2019

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Crl.M.A.42109/2019 (Exemption)

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Allowed, subject to all just exceptions.

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This application is, accordingly, disposed of.

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Crl.M.A. 42108/2019

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Vide the present application, the applicant/respondents seek clarification of the order dated 01.11.2019 as to whether the Tribunal shall proceed with the present matter.

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Vide order dated 01.11.2019, this court remanded the matter to the Appellate Tribunal for PMLA and directed the said Tribunal to restore the appeal and after hearing both the parties decide the same within six weeks from the receipt of this order.

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The said order was passed on the consent made by the parties and in view of the order passed by this court in Crl.A. 143/2018 in Deputy Director, Directorate of Enforcement, Delhi vs. Axix Bank & Ors. and other batch matters.

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Learned counsel appearing on behalf of the nonapplicants/petitioner submits that the Hon’ble Supreme Court has granted status quo qua the property in question, however, there is no status quo to proceed with the matter by any court including the Appellate Tribunal of PMLA. This fact has not been disputed by counsel for the respondent. Thus, it is clarified that the order of the status quo of the Supreme Court is regarding the disposal of the property, therefore, Appellate Tribunal of PMLA is directed to comply with the order dated 01.11.2019 passed by this court within six weeks from today.

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In view of above directions, the application is disposed of.

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Copy of the order be given dasti under the signatures of Court Master. ”

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FPA-PMLA-1581/DLI/2016 FPA-PMLA-1530/DLI/2016 FPA-PMLA-1550-1556/DLI/2016 FPA-PMLA-1566/DLI/2016

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Page 2 of 3

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In view of the direction given in the aforesaid order, the proceedings before this Tribunal would continue. Parties seeking two weeks time to file the written synopsis and to argue the matter. In the light of judgment passed by Hon’ble High Court in the matter of Crl.A. 143/2018 in Deputy Director, Directorate of Enforcement, Delhi vs. Axix Bank & Ors.

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List the appeals on 24^th December, 2019 at 12:00 Noon.

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(G.C. Mishra) Acting Chairman

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New Delhi, 10^th December, 2019

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‘A’

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FPA-PMLA-1581/DLI/2016 FPA-PMLA-1530/DLI/2016 FPA-PMLA-1550-1556/DLI/2016 FPA-PMLA-1566/DLI/2016

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Page 3 of 3

FPA-PMLA-1530/DLI/2016 of Indian Overseas Bank & Others. v/s The Joint Director, Directorate of Enforcement, Delhi

Case brief

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FPA-PMLA-1530/DLI/2016 of Indian Overseas Bank & Others. v/s The Joint Director, Directorate of Enforcement, Delhi

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