Applicants challenged attachment of properties mortgaged to Canara Bank. The bench noted admission by bank counsel that attachment was improper and adjourned to file reply within two weeks along with market value.
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, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-2884/GHY/2016 (A.D.) FPA-PMLA-1539/GHY/2016 Shri Charanjit Singh Gandhi … Appellant/Applicant MP-PMLA-2886/GHY/2016 Exm. MP-PMLA-2888/GHY/2016 A.D. FPA-PMLA-1540/GHY/2016 Sh. Randir Singh Gandhi … Appellant/Applicant
Versus
The Joint Director Directorate of Enforcement, Guwahati… Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Mr. Nalin Kohli, Advocate Mr. Yoginder Handoo, Advocate Ms. Munisha Menon, Advocate For the respondent : Shri Nitesh Rana, Advocate For the respondent no.2 : Mr. A.N Tiwari, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G. C. MISHRA : MEMBER ORDER 10.01.2019
FPA-PMLA-1539-1540/GHY/2016
In the above said two appeals the following properties were
attached.
FPA-PMLA-1539-1540/GHY/2016
Page 1 of 2
| 2. | Shri Charanjit Singh Gandhi |
Sale No. 02DDJ6J254. Plot No. 10 in Blcok-Z, land measuring 99.7 Sq. Yds Situated in the area of village Bassai Darapur and the colony known Rajouri Garden, New Delhi and is bounded by:- East Road 40’ Wide West: Remaining Portion of said property North Remaining portion of the said property South: Remaining portion of said property. *** Mortgaged with Canara Bank, Vikaspuri Branch, New Delhi. |
4,25,000/- |
|---|---|---|---|
| Sale Deed No. 02DDJ6J252. Plot No. 10 in Block-Z measuring 99.7 sq. Yds situated in the area of village Bassai Darpur and the colony known as Rajouri Garden, New Delhi and which is bounded as under: East: Road of 40’ Wide West: Remaining portion of the said property North; Remaining portion of the said property South: Property No. Z-8 *** Mortgaged with Canara Bank, Vikaspuri Branch, New Delhi. |
4,25,000/- |
Counsel appearing on behalf of the bank admitted that both the properties are mortgaged with the bank and the properties ought not to have been attached by the E.D as per settled law. He seeks time to file the reply. Let the same be done within two weeks. Alongwith the reply the bank will also file the market value of the said properties.
List on 6th February, 2019.
(Justice Manmohan Singh) Chairman
(G. C. Mishra) Member
New Delhi,
10th January, 2019
‘K’
FPA-PMLA-1539-1540/GHY/2016
Page 2 of 2
1 issue framed by the court
Whether properties mortgaged with Canara Bank were correctly attached by the Enforcement Directions.
1 provisions across 1 enactments
Shri Charanjit Singh Gandhi
Sh. Randir Singh Gandhi
The Joint Director Directorate of Enforcement, Guwahati
Manmohan Singh
G. C. Mishra
As recorded by the court registry
18 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
