Disposed

FPA-PMLA-1990/CHN/2017 of M/s Inca Watches Jewellery Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

ATFP29 Apr 2019FPA-PMLA-1990/CHN/2017

Case brief

AI extract

What is this about?

The Appellate Tribunal dismissed an application for early hearing. It dealt with seven consolidated appeals seeking permission for appellants to rent out properties restrained under FEMA/PMLA. The Tribunal directed the Chief Metropolitan Magistrate to re-issue the retention order permitting the rental, provided use and occupation charges are deposited, and instructed counsel to consult the Investi

What did the court decide?

Permission to rent out properties granted conditionally upon deposit of use and occupation charges; request for instructions from I.O. directed to be taken by counsel.

FPA-PMLA-1990/CHN/2017 of M/s Inca Watches Jewellery Pvt. Ltd… — Property and Title | ATFP (2019)

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

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(1) MP-PMLA-4360/CHN/2018 (Misc.) MP-PMLA-3890/CHN/2017 (STAY) FPA-PMLA-1980/CHN/2017
M/s Gold Quest Enterprises India	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(2) MP-PMLA-3891/CHN/2017 (STAY) FPA-PMLA-1981/CHN/2017
M/s QuestNet Enterprises India Pvt. Ltd.	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(3) MP-PMLA-3811/CHN/2017 (STAY) FPA-PMLA-1989/CHN/2017
M/s Oakdale Properties Pvt. Ltd.	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(4) MP-PMLA-3812/CHN/2017 (STAY) FPA-PMLA-1990/CHN/2017
M/s INCA Watches Jewellery Pvt. Ltd.	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(5) MP-PMLA-3813/CHN/2017 (STAY) FPA-PMLA-1991/CHN/2017
Ms. Pushpam Appala Naidu	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Chennai	…	Respondent
FPA-PMLA-1980, 1981, 1989-1997/CHN/2017		Page 1 of 3

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(6) MP-PMLA-3814/CHN/2017 (STAY) FPA-PMLA-1992/CHN/2017
Mrs. K. Padma	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(7) MP-PMLA-3815/CHN/2017 (STAY) FPA-PMLA-1993/CHN/2017
Smt. Thanmeemunnisa Begam	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(8) MP-PMLA-3816/CHN/2017 (STAY) FPA-PMLA-1994/CHN/2017
J. Sabarinathan	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(9) MP-PMLA-3817/CHN/2017 (STAY) FPA-PMLA-1995/CHN/2017
Anuj D. Ragavan	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(10) MP-PMLA-3818/CHN/2017 (STAY) FPA-PMLA-1996/CHN/2017
Shri Munnawar Ahmed	…	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Chennai	…	Respondent
(11) MP-PMLA-3819/CHN/2017 (STAY) FPA-PMLA-1997/CHN/2017
Mrs. Jasmine Felix	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement Chennai	…	Respondent
FPA-PMLA-1980, 1981, 1989-1997/CHN/2017 ,		Page 2 of 3

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Advocates/Authorized Representatives who appeared

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For the Appellants : Dr. M.R. Venkatesh, Advocate Shri Bharat Upreti, Advocate For the Respondent : Shri Atul Tripathi, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN

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ORDER 29.04.2019

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FPA-PMLA-1980, 1981, 1989-1997/CHN/2017

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Application for early hearing is dismissed as the matter is already coming up today. The pending application is that that appellant be allowed to rent out the property to the third party. It is stated that owner shall deposit entire use and occupation charges after deducting the expenses with the respondent. It is also agreed by the applicant that the tenant is prepared to give an undertaking to vacate the premises if ultimately matter is decided against the owner. The prayer is opposed by learned Counsel for the respondent. The Counsel for the appellant has also informed that the proceeding in the prosecution complaint under PMLA has already been stayed by the Hon’ble Madras High Court. In view of the peculiar facts and circumstances of the matter, it is appropriate let the instruction be taken by the Counsel from the I.O.

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Re-notify on 13^th May, 2019.

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(Justice Manmohan Singh) Chairman

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New Delhi, 29^th April, 2019 ‘r’

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FPA-PMLA-1980, 1981, 1989-1997/CHN/2017

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Page 3 of 3

FPA-PMLA-1990/CHN/2017 of M/s Inca Watches Jewellery Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

What is this about?

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FPA-PMLA-1990/CHN/2017 of M/s Inca Watches Jewellery Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

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