The Acting Chairman directed appellate proceedings to continue at a listed hearing date. The Tribunal may seek two weeks time for written synopsis and arguments.
Proceedings to continue; parties granted two weeks time to file written synopsis.
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
| 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 |
Advocates/Authorized Representatives who appeared
| 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 |
FPA-PMLA-1581/DLI/2016 FPA-PMLA-1530/DLI/2016 FPA-PMLA-1550-1556/DLI/2016 FPA-PMLA-1566/DLI/2016
Page 1 of 3
ORDER 10.12.2019
FPA-PMLA-1581/DLI/2016, FPA-PMLA-1530/DLI/2016, FPA-PMLA1550-1556/DLI/2016 & FPA-PMLA-1566/DLI/2016
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:
“ ORDER
06.12.2019
Crl.M.A.42109/2019 (Exemption)
Allowed, subject to all just exceptions.
This application is, accordingly, disposed of.
Crl.M.A. 42108/2019
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.
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.
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.
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.
In view of above directions, the application is disposed of.
Copy of the order be given dasti under the signatures of Court Master. ”
FPA-PMLA-1581/DLI/2016 FPA-PMLA-1530/DLI/2016 FPA-PMLA-1550-1556/DLI/2016 FPA-PMLA-1566/DLI/2016
Page 2 of 3
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.
List the appeals on 24th December, 2019 at 12:00 Noon.
(G.C. Mishra) Acting Chairman
New Delhi, 10th December, 2019
‘A’
FPA-PMLA-1581/DLI/2016 FPA-PMLA-1530/DLI/2016 FPA-PMLA-1550-1556/DLI/2016 FPA-PMLA-1566/DLI/2016
Page 3 of 3
1 issue framed by the court
Whether the proceeds before the Appellate Tribunal should continue in view of the High Court direction and Supreme Court status quo.
Colour shows how this judgement treated each authority
Deputy Director, Directorate of Enforcement, Delhi vs. Axix Bank & Ors.Referred¶18
Deputy Director, Directorate of Enforcement, Delhi vs. Axix Bank & Ors. (Crl.A. 143/2018)
Direction dated 01.11.2019Applied¶17
1 provisions across 1 enactments
Union Bank of India
Indian Overseas Bank
Andhra Bank
State Bank of Hyderabad
Canara Bank
Vijaya Bank
G.C. MISHRA
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
