The Tribunal listed to consider requests regarding presentation of records for provisional attachment orders. The High Court order quashing antecedent FIRs in related proceedings was placed on record but not disposed of.
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-3824/AHD/2017 (Stay) &
FPA-PMLA-1937/AHD/2017
Shri Jignesh Kishorebhai Bhajiawala … Appellant
Versus The Deputy Director Directorate of Enforcement, Ahmedabad … Respondent
MP-PMLA-4265/AHD/2018 (Stay) &
FPA-PMLA-2182/AHD/2018
Shri Jignesh Kishorebhai Bhajiawala … Appellant
Versus The Deputy Director Directorate of Enforcement, Ahmedabad … Respondent
Advocates/Authorized Representatives who appeared
For the Appellant : Mr. Chetan K. Pandya, Advocate For the Respondent : Mr. Nitesh Rana, Advocate Sh Avinash Poonia, Assistant Director, E.D., Surat CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN
ORDER 07.05.2019
FPA-PMLA-1937/AHD/2017, FPA-PMLA-2182/AHD/2018
Sh Avinash Poonia, Assistant Director, E.D., Surat who has produced
the record which would show that reason to believe have been recorded in the official file on 22.12.2016. The said reason to believe are available in page no. 1. He is allowed to file photocopy of the same in sealed cover. He further states that the detailed reason to believe are to be incorporated
FPA-PMLA-1937/AHD/2017 FPA-PMLA-2182/AHD/2018
Page 1 of 2
in the Provisional Attachment Order (PAO). The file is returned back to Sh Avinash Poonia, A.D.
The learned counsel for the appellant has produced the order dated 10.04.2019 passed by the Hon’ble High Court of Gujarat at Ahmedabad in the case of Viral Chandrakant & 1 other Vs. State of Gujarat where all the FIRs and other scheduled offence have been set aside and quashed. The relevant Para 15 of the order is read as under :
15. “In view of above discussion, present application is allowed. The impugned FIR being RC No. 0292017A0007 registered with CBI/ACB/Gandhinagar and all other consequential proceedings arising out of the same for the offences under Sections 120-B, 417 and 420 of IPC and for offences under Sections 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act are quashed and set aside so far as present applicant-original accused no. 2 is concerned. The criminal proceedings may be continued against other accused. Rule is made absolute to the above extent.”
The copy of the order has been handed over to the learned counsel for the respondent who seeks time to go through from the same. Sh. Nitesh Rana, Learned counsel for the respondent states that the facts in the case are different from the facts involved in the referred case.
List on 14th May, 2019.
(Justice Manmohan Singh) Chairman
New Delhi, 7th May, 2019 ‘m’’
FPA-PMLA-1937/AHD/2017 FPA-PMLA-2182/AHD/2018
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2 issues framed by the court
Whether to allow filing of photocopies of provisional attachment proceedings
Whether to grant stay on attachment given recent High Court order setting aside related FIRs
Colour shows how this judgement treated each authority
Viral Chandrakant & 1 other Vs. State of GujaratReferred¶19
Viral Chandrakant & 1 other Vs. State of Gujarat
Jignesh Kishorebhai Bhajiawala
The Deputy Director Directorate of Enforcement, Ahmedabad
Manmohan Singh
As recorded by the court registry
20 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
