The tribunal noted that the respondent did not dispute the closure of the underlying investigation in the high court proceedings. It listed the reference for an adjournment of the hearing to submit the High Court order.
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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS, PBPT ACT AT NEW DELHI
FPA-PMLA-1781/CHD/2017
M/s. Prakash Industries Ltd.
… Appellant
Versus
The Deputy Director, Directorate of Enforcement, Chandigarh … Respondent
Advocates/Authorized Representatives who appeared
For the appellants : Shri Gurpreet Singh, Advocate Shri Shivay Gupta, Advocate For the respondent : Shri Mohd. Faraz, Advocate On behalf of Shri N.K. Matta, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER
ORDER 20.02.2019
FPA-PMLA-1781/CHD/2017
The learned counsel for the appellant has relied upon order dated 12th November, 2018 passed by Hon’ble High Court in W.P.(C) 11943/2018. Para 2 of the order is reproduced here below:
“2. Respondent no.2 (Directorate of Enforcement) has registered an ECIR dated 29.12.2014 based on a FIR dated 26.03.2014 filed by the CBI. The allegation against the petitioner company is that it had obtained the allotment of coal block for captive consumption by misrepresentation of its networth. This allegation is stoutly contested by the petitioner. Admittedly, the closure report in regard to the FIR (FIR No.RC219 2014 E-0002 dated 26.03.2014) has been filed, wherein it has been stated that the investigations have revealed that there is no offence committed by the petitioner. The said closure report is pending consideration before the Special Judge, CBI, (Coal Blocks Allocation Cases), Patiala House Courts, New Delhi.”
FPA-PMLA-1781/CHD/2017
Page 1 of 2
Counsel appearing on behalf of Mr. N.K. Matta submits that closure report has not been accepted by the Court against the appellant. Let the order be produced by the next date.
List on 06th March, 2019.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi,
20th February, 2019
‘A’
FPA-PMLA-1781/CHD/2017
Page 2 of 2
3 provisions across 3 enactments
M/s. Prakash Industries Ltd.
The Deputy Director, Directorate of Enforcement, Chandigarh
Manmohan Singh
G.C. Mishra
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
