The Tribunal considered a stay application and appeal under the PMLA, 2002. It allowed the condonation of delay and directed the parties to file written synopses for final disposal.
Allowed the application for condonation of delay. Directing both parties to file written synopses.
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-4654/DLI/2018 E.H. MP-PMLA-4655/DLI/2018 COD MP-PMLA-4656/DLI/2018 Stay FPA-PMLA-2417/DLI/2018 Punjab National Bank
… Appellant
Versus
The Deputy Director Directorate of Enforcement, Delhi
… Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Ms. Nishi Chaudhary, Advocate For the respondent : Shri N.K. Matta, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G. C. MISHRA : MEMBER
ORDER
16.01.2019
FPA-PMLA-2417/DLI/2018 & MP-PMLA-4655/DLI/2018 COD
Present appeal has been filed under Section 26 of PMLA 2002, against the order 16th June, 2017. Alongwith the appeal the application for condonation of delay has also been filed. The prayer is opposed by the counsel for the respondent. The contention of the counsel for the appellant is that in the present case no proper investigation has been conducted by the E.D. No the original title documents of the property was asked by the Enforcement Directorate. Had it been done than it could have been in the notice of the ED that it is a mortgaged property and as per settled law notice under Section 8(1) ought to have been issued by the ED. No opportunity for hearing is given to the Bank. As a matter of fact that Bank was not arrayed as party. Mr. Matta, Advocate stated that said fact was concealed by the borrower from the ED, FPA-PMLA-2417/DLI/2018 Page 1 of 2
therefore no notice was issued by the ED. Considering the nature of the
delay in filing the appeal the same is condoned. MP is disposed of.
Both the parties are allowed to file the written synopsis.
List for final disposal on 7th March, 2019.
(Justice Manmohan Singh) Chairman
(G. C. Mishra) Member
New Delhi, 16th January, 2019
‘K’
FPA-PMLA-2417/DLI/2018
Page 2 of 2
2 issues framed by the court
Whether to condone the delay in filing the appeal under Section 26 of the PMLA, 2002.
Whether the Enforcement Directorate was obligated to issue a notice under Section 8(1) given the concealment of the property status by the borrower.
1 provisions across 1 enactments
Punjab National Bank
The Deputy Director Directorate of Enforcement, Delhi
Justice Manmohan Singh
G. C. Mishra
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
