Partly allowed

FPA-PMLA-2473/HYD/2018 of The Joint Director, Ed, Hyderabad v/s M/s. Embassy Property Developments Pvt. Ltd.

ATFP20 Aug 2019FPA-PMLA-2473/HYD/2018

Case brief

AI extract

What is this about?

The Tribunal quashed the Assistant ED's letter instructing an HDFC Bank branch not to comply with an earlier stay order. The Court held that instructing the bank was improper as the ED always had the statutory remedy to challenge the order itself.

What did the court decide?

The General Manager, HDFC Bank Limited, directed to comply with the order dated 11th June, 2019. I.O. to explain the letter dated 31st July, 2019.

FPA-PMLA-2473/HYD/2018 of The Joint Director, Ed, Hyderabad… — Company and Corporate | 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-6328/HYD/2019 (Misc.) MP-PMLA-4814/HYD/2018 ( Stay) FPA-PMLA-2473/HYD/2018 The Joint Director, ED, Hyderabad … Appellant Versus M/s. Embassy Property Developments Pvt. Ltd. … Respondent 2. MP-PMLA-6328/HYD/2019 (Misc.) MP-PMLA-4815/HYD/2018 (Stay) FPA-PMLA-2474/HYD/2018 The Joint Director, ED, Hyderabad … Appellant Versus Jitendra Virwani … Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	: Mr. Mohd. Faraz, Advocate
For the Respondent	: Mr. Sudhir Nandrajog, Sr. Adv. Mr. Suraj Govinda Roy, Adv., Ms. Shweta Bharti, Sh Shantosh, & Mr. Sukrit R. Kapoor, Adv.
CORAM JUSTICE MANMOHAN SINGH	: CHAIRMAN

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ORDER 20.08.2019

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A fresh application has been filed on behalf of the respondent for contempt of order dated 11^th June, 2019 against the Joint Director, ED. Admittedly, judgment was rendered in favour of the respondent on 11 June, 2019. As of today no appeal has been filed. Under the compliance of the said order dated 11^th June, 2019, the respondent was suppose to received the amount from HDFC Bank Limited, Kasturba Road Branch, Bangalore more than two months have been passed, the said order has

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not been complied with the appellant, nor any appeal is filed. It is FPA-PMLA-2473-2474/HYD/2018 Page 1 of 2

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pertinent to mention here that on 31^st July, 2019, the Assistant

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Director has issued a letter to the General manager, HDFC Bank Limited, Kasturba Road Branch, Bangalore for not to comply the order dated 11^th June, 2019 as according to him, the said order may be challenged by the ED. The relevant para 2 of the said letter is read as under:

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“In this connection, the Appellate Tribunal, PMLA, New Delhi, has passed order dated 11.06.2019 and it has dismissed the Appeals filed by this office. However, it is to inform that this office is in the process of filing appeals before the Hon’ble High Court under section 42 of PMLA, 2002, against the Order dated 11.06.2019 passed by the Appellate Tribunal, PMLA, New Delhi, in the matter of M/s Embassy Property Developments Private Limited and Shri Jitender Virmani.

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Heard for some time, this tribunal is of the view that if the Appellant/ED is not satisfied with the order passed by this Tribunal, the remedy has always been available to challenge the same in accordance with law, however writing of such type of letter to the bank is not proper.

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Accordingly, the General Manager, HDFC Bank Limited, Kasturba Road Branch, Bangalore is directed to comply the order dated 11^th June, 2019 passed by this Tribunal.

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I.O. shall remain present on the next date of hearing i.e. 9^th September, 2019 who shall also file an affidavit explaining about the written of the letter dated 31^st July, 2019.

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Copy of the order be given dasti to both the parties

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(Justice Manmohan Singh) Chairman

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New Delhi, 20^th August, 2019 S

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FPA-PMLA-2473-2474/HYD/2018

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FPA-PMLA-2473/HYD/2018 of The Joint Director, Ed, Hyderabad v/s M/s. Embassy Property Developments Pvt. Ltd.

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FPA-PMLA-2473/HYD/2018 of The Joint Director, Ed, Hyderabad v/s M/s. Embassy Property Developments Pvt. Ltd.

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