Remanded

FPA-PMLA-1951/LKW/2017 of Shri Umesh Chandra Rai & Anr. v/s The Deputy Director, Directorate of Enforcement, Lucknow

ATFP5 Mar 2019FPA-PMLA-1951/LKW/2017

Case brief

AI extract

What is this about?

The Appellate Tribunal addressed non-compliance by the Respondent's Investigating Officer with prior orders mandating restoration of attached property possession. A one-week extension was accepted with a stark warning for future non-compliance.

What did the court decide?

One week time granted to Investigating Officer to restore possession of attached properties; undertaking accepted with warning of appearance for violation.

FPA-PMLA-1951/LKW/2017 of Shri Umesh Chandra Rai & Anr. v/s The Deputy Director, Directorate of Enforcement, Lucknow — ATFP (2019) — LawSathi Research

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APPELLATE TRIBUNAL, FOR SAFEMA, FEMA, PMLA, NDPS, PBPT, FERA ACT AT NEW DELHI

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MP-PMLA-3836/LKW/2017 (Stay) & FPA-PMLA-1951/LKW/2017 Shri Umesh Chandra Rai & Anr. … Appellants

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Versus

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The Deputy Director, … Respondent Directorate of Enforcement, Lucknow

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Advocates/Authorized Representatives who appeared

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For the appellants : Shri Shishir Singh, Advocate For Respondent : Shri Mohd. Faraz, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER ORDER 05.03.2019

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On 7^th February, 2019 the following orders has been passed:

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“FPA-PMLA-1951/LKW/2017&MP-PMLA-5628/LKW/2019 (E.H.)

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Fresh application for early hearing has been filed by the appellant. The appeal is coming up on 16^th July, 2019. Reply to the said application be filed within one week.

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List on 19^th February, 2019.

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In the meanwhile, both the parties shall maintain status quo with regard to the attached properties subject to the condition that the attachment will continue and the appellant shall not dispose of the property and create any third party right directly or indirectly in any manner.”

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FPA-PMLA-1951/LKW/2017

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Page 1 of 3

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The said order was not complied by the respondent. Despite of the order the possession was taken by the respondent. On 22^nd February, 2019, again the following order was passed:

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“ FPA-PMLA-1951/ LKW /2017

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This order is passed in continuation with the order dated 19^th February, 2019. Counsel for the appellant states that as per the instruction taken from the client, no possession has been restored despite the order passed on last date i.e. on 19^th February, 2019 which was passed on the basis of consent given on behalf of respondent. The Investigating Officer is again directed to comply with the orders dated 7^th February, 2019 and 19^th February, 2019 within three days as last chance, otherwise he will remain present before the court for the purpose taking appropriate action against him for violation of the orders.

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In the meanwhile, fresh application for stay has filed by the appellant. Issue notice to the respondent. Let the reply be filed by the next date.

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List on 5^th March, 2019.

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Copy of the order be given ‘dasti’ to all parties and counsel.”

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Mr. Atul Jaiswal, Investigating Officer appeared before us. It is recorded in the order dated 22^nd February, 2019 that in case the possession is not restored within three days, then I.O. shall remain present for the purpose of taking action against him for violation of the orders.

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Mr. Atul Jaiswal, I.O. states that the file has been sent to the Headquarters.

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FPA-PMLA-1951/LKW/2017

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Page 2 of 3

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We are not concerned with the same. As the order passed by this

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tribunal are to be complied with strictly.

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The counsel for the respondent states that they may give one week time to comply the order. The said undertaking has been accepted from the I.O.

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List this matter on 14^th March, 2019.

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In case, the said order still has not complied with, Mr. Atul Jaiswal,

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I.O. shall remain present.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

New Delhi,

5^th March, 2019

‘s’

FPA-PMLA-1951/LKW/2017

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Page 3 of 3

FPA-PMLA-1951/LKW/2017 of Shri Umesh Chandra Rai & Anr. v/s The Deputy Director, Directorate of Enforcement, Lucknow

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1951/LKW/2017 of Shri Umesh Chandra Rai & Anr. v/s The Deputy Director, Directorate of Enforcement, Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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