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FPA-PMLA-2224/CHD/2018 of Jatinder Singh v/s The Joint Director Directorate of Enforcement, Chandigarh

ATFP22 May 2019FPA-PMLA-2224/CHD/2018

Case brief

AI extract

What is this about?

The Tribunal disposed of appeals challenging the High Court order staying enforcement actions. The order quashed previous Tribunal orders and directed re-notification of the stay pending SIT conclusions.

What did the court decide?

Tribunal quashed previous stay orders and directed the enforcement authority to re-notify the stay on 4th October 2019 pending SIT conclusions.

FPA-PMLA-2224/CHD/2018 of Jatinder Singh v/s The Joint… — Writ and Judicial Review | ATFP (2019)

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

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(1) FPA-PMLA-2224/CHD/2018

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Jatinder Singh … Appellant/Applicant Versus The Joint Director Directorate of Enforcement, Chandigarh … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : None For the respondent : Shri Atul Tripathi, Advocate on behalf of Mohd. Faraz, Advocate

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(2) MP-PMLA-4392/CHD/2018 (Stay) FPA-PMLA-2256/CHD/2018

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Gurnihal Singh Pirzada … Appellant/Applicant Versus The Joint Director Directorate of Enforcement, Chandigarh … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Ms. Natasha Thakur, Advocate
For the respondent	: Shri Atul Tripathi, Advocate
For the respondent no. 2	: Shri Gurmehar S. Sistani, Advocate
CORAM JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER

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ORDER
22.05.2019

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FPA-PMLA-2224/CHD/2018 & FPA-PMLA-2256/CHD/2018

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The learned counsel appearing on behalf of the appellant has produced the copy of the judgement passed on 26^th March, 2019 by the High Court of Punjab & Haryana in criminal miscellaneous application no. 32107 of 2018. The second last page of the order are reads as under:-

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FPA-PMLA-2224/CHD/2018 & FPA-PMLA-2256/CHD/2018

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Page 1 of 2

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“Thus, by all this all necessitates that since it is the same very allegations and facts that have come about to be investigated by the SIT and which are being acted upon in haste by the individual constituents under their relevant Acts and would defeat the endeavours of this Court in unraveling the truth, and as long as the constituents of the SIT do not in their joint venture of the SIT draw a definite conclusion, it would be in the fitness of things to hold that the individual acts of these constituents, the Enforcement Directorate (ED), Income Tax Department and the Serious Fraud Investigation Office (SFIO) which would affect the SIT findings, need not be ventured into at this juncture and are thus all such notices so issued cannot be implemented and are rendered otiose. Let the SIT draw its conclusions based on tangible, impeccable evidence and till then these individual constituents are restrained from taking any coercive means under their individual Acts on the same very facts against the petitioners.”

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In view of the above, re-notify on 4^th October, 2019.

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Interim order to continue.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi, 22^nd May, 2019

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‘D’

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FPA-PMLA-2224/CHD/2018 & FPA-PMLA-2256/CHD/2018

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Page 2 of 2

FPA-PMLA-2224/CHD/2018 of Jatinder Singh v/s The Joint Director Directorate of Enforcement, Chandigarh

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FPA-PMLA-2224/CHD/2018 of Jatinder Singh v/s The Joint Director Directorate of Enforcement, Chandigarh

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