The Tribunal listed multiple bank appeals under the PMLA to fix hearing dates. Due to a Supreme Court stay order in related matters, parties undertook to seek clarification from the Delhi High Court on proceeding further.
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
| 1. FPA-PMLA-1581/DLI/2016 | ||
|---|---|---|
| Union Bank of India | … | Appellant/Applicant |
| Versus | ||
| The Joint Director Directorate of Enforcement, Delhi & Ors. |
… | Respondent |
| 2. FPA-PMLA-1530/DLI/2016 | ||
| Indian Overseas Bank & Others | … | Appellants/Applicants |
| Versus | ||
| The Joint Director Directorate of Enforcement, Delhi & Ors. |
… | Respondent |
| 3. FPA-PMLA-1550/DLI/2016 | ||
| Andhra Bank | … | Appellant/Applicant |
| Versus | ||
| The Joint Director Directorate of Enforcement, Delhi & Ors. |
… | Respondent |
| 4. FPA-PMLA-1551/DLI/2016 | ||
| State Bank of Hyderabad | … | Appellant/Applicant |
| Versus | ||
| The Joint Director Directorate of Enforcement, Delhi & Ors. |
… | Respondent |
| 5. FPA-PMLA-1552/DLI/2016 | ||
| Canara Bank | … | Appellant/Applicant |
| Versus | ||
| The Joint Director Directorate of Enforcement, Delhi & Ors. |
… | Respondent |
| 6. FPA-PMLA-1553/DLI/2016 | ||
| Vijaya Bank | … | Appellant/Applicant |
| Versus | ||
| The Joint Director Directorate of Enforcement, Delhi & Ors. |
… | Respondent |
| 7. FPA-PMLA-1554/DLI/2016 | ||
| Bank of Baroda | … | Appellant/Applicant |
| Versus | ||
| The Joint Director | ||
| Directorate of Enforcement, Delhi & Ors. | … | Respondent |
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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| 8. FPA-PMLA-1555/DLI/2016 | ||
|---|---|---|
| State Bank of India | … | Appellant/Applicant |
| Versus | ||
| The Joint Director | ||
| Directorate of Enforcement, Delhi & Ors. | … | Respondent |
| 9. FPA-PMLA-1556/DLI/2016 | ||
| Oriental Bank of Commerce | … | Appellant/Applicant |
| Versus | ||
| The Joint Director | ||
| Directorate of Enforcement, Delhi & Ors. | … | Respondent |
| & | ||
| 10. FPA-PMLA-1566/DLI/2016 | ||
| Punjab National Bank | … | Appellant/Applicant |
| Versus | ||
| The Joint Director Directorate of Enforcement, Delhi & Ors. |
… | Respondent |
Advocates/Authorized Representatives who appeared
| For the Appellants | : Mr. Karan Khanna, Advocate |
|---|---|
| Ms. Asmita Kumar, Advocate | |
| For the Respondent no1(ED) | : Mr. Naveen Kr. Matta, Advocate |
| CORAM | |
| SHRI G.C. MISHRA | : ACTING CHAIRMAN |
ORDER 28.11.2019
FPA-PMLA-1581/DLI/2016, FPA-PMLA-1530/DLI/2016, FPA-PMLA1550-1556/DLI/2016 & FPA-PMLA-1566/DLI/2016
Both the parties are present. Hon’ble High Court of Delhi at New Delhi has directed this Tribunal to dispose of the matters within six weeks from the receipt of the order. Order of the Hon’ble High Court of Delhi has been received by this Tribunal only on 15th November, 2019 and the ld.
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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counsel for the appellants has produced the order on 21st November, 2019.
The matter is posted today to fix a date of hearing and for filing the written synopsis on the basis of order passed by Hon’ble High Court on 02.04.2019 in the matter of Enforcement Directorate vs. Axis Bank and four others batch matters.
Only few days are left for disposing the matter. While hearing the other bank appeals today, a copy of order of Hon’ble Supreme Court dated 05.08.2019 is filed wherein it could be seen that the order dated 02.04.2019 is under challenge before the Hon’ble Supreme Court in SLA (Crl.) No(s). 6554/2019 and SLP Criminal Diary No(s). 28906/2019 and Hon’ble Supreme Court has been pleased to pass the order of “status quo” in those matters.
In view of the above situation, the ld. counsel for the appellant banks submitted that he will move the Hon’ble High Court for necessary clarification as to whether the Tribunal can proceed with the appeals. The parties have also undertakes to pray the Hon’ble Court to extend the time of disposal of these appeals.
However, both the parties are allowed to file the written synopsis within ten days with an advance copy to the other side. The matter will be heard on the next date of hearing subject to any other order of the Hon’ble High Court of Delhi at New Delhi.
List for hearing on 10th December, 2019.
Order be given dasti to both the parties.
(G. C. Mishra) Acting Chairman
New Delhi, 28th November, 2019
‘AS’
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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1 issue framed by the court
Whether the Tribunal can proceed with the appeals given the stay order passed by the Supreme Court in related batch matters.
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
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
