Partly allowed

FPA-PMLA-1874/BNG/2017 of M/s Ghatge Motors Pvt. Ltd. v/s The Joint Director Directorate of Enforcement, Bangalore

ATFP10 May 2019FPA-PMLA-1874/BNG/2017

Case brief

AI extract

What is this about?

The Bench allowed an interim application permitting the appellant to sell a Mercedes Benz car whose proceeds were attached. The relief was granted based on the respondent's uncontested statement that there was no active attachment and no objection, rather than deciding the merits of the adjunction challenge filed under Section 8(3) PMLA.

What did the court decide?

Allowed the prayer to include the sale of the Mercedes Benz car to prevent depreciation pending the final order under Section 8(3) PMLA.

FPA-PMLA-1874/BNG/2017 of M/s Ghatge Motors Pvt. Ltd. v/s The… — Money Laundering | ATFP (2019)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-5971/BNG/2019 (Misc.) FPA-PMLA-1874/BNG/2017

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M/s Ghatge Motors Pvt. Ltd.

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… Appellant/Applicant

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Versus

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The Joint Director Directorate of Enforcement, Bangalore

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Ms. Shubhangi Tuli, Advocate
For the respondent	: Shri S.K. Sharma, Advocate with Mr. Somshekharana, I.O
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER

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ORDER 10.05.2019

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MP-PMLA-5971/BNG/2019 (Misc)

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By this order we propose to decide the application MP-PMLA5971/BNG/2019 filed by the appellant for seeking directions. The appellants have challenged the order dated 20.06.2017 passed by the Adjudicating Authority the respondent no.2 herein, under Section 8(3) of PML Act, 2002 confirming the provisional attachment order of Deputy Director, Directorate of Enforcement. The respondent No.1 herein under the impugned order has attached an amount of Rs. 1,10,00,000/credited in the account of the Appellant No. 1 realized from the sale of a Mercedes Benz Car to the Respondent No.5 herein. The said amount is attached and already transferred from the account of the appellants, on the ground that Enforcement Directorate; because of the stay order the appellants cannot sell the car. The alleged tainted money amounting to Rs. 1,10,00,000/- has been recovered by the Enforcement Directorate FPA-PMLA-1874/BNG/2017 Page 1 of 2

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from the account of the appellant No. 1, the appellants may be allowed to sale the car at the earliest so that the value of the car does not depreciate further.

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The learned counsel for the respondent as well as Mr. Somshekharana, I.O appeared before us on 10^th May, 2019 to confirm that there is no attachment of car in question and the respondent has no objection if the appellant may deal with the same in any manner. In view of the said statement, the prayer made in the application is allowed. The application is disposed of.

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List this appeal for final hearing on 25^th September, 2019.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi, 10^th May, 2019

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‘K’

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FPA-PMLA-1874/BNG/2017

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FPA-PMLA-1874/BNG/2017 of M/s Ghatge Motors Pvt. Ltd. v/s The Joint Director Directorate of Enforcement, Bangalore

Case brief

What is this about?

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FPA-PMLA-1874/BNG/2017 of M/s Ghatge Motors Pvt. Ltd. v/s The Joint Director Directorate of Enforcement, Bangalore

Case brief

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