The Tribunal noted a prima facie breach of orders by the appellant who issued communication to a bank to withhold funds without an interim stay in pending appeals, and listed parties for the next hearing.
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
1. MP-PMLA-5913/HYD/2019 (U.H.) MP-PMLA-5914/HYD/2019 (Misc.) MP-PMLA-4814/HYD/2018 (Stay) & FPA-PMLA-2473/HYD/2018 The Joint Director, Directorate of Enforcement, Hyderabad … Appellant Versus M/s. Embassy Property Developments Pvt. Ltd. … Respondent
2. MP-PMLA-5915/HYD/2019 (U.H.) MP-PMLA-5916/HYD/2019 (Misc.) MP-PMLA-4815/HYD/2018 (Stay) & FPA-PMLA-2474/HYD/2018 The Joint Director, Directorate of Enforcement, Hyderabad … Appellant Versus Jitendra Virwani … Respondent
Advocates/Authorized Representatives who appeared
For the Appellants : Mr. Mohd. Faraz, Advocate For the Respondent : Mr. Sudhir Nandrajog, Senior Advocate Mr. Shantanu Malik, Advocate Mr. Sukrit R. Kapoor, Advocate Ms. Kriti Gupta, Advocate Mr. Suraj Govind Raj, Advocate
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN
ORDER
08.04.2019
FPA-PMLA-2473/HYD/2018 & FPA-PMLA-2474/HYD/2018
Learned counsel for the respondent states that in the impugned
order the confirmation order was passed in favour of the respondent. In
FPA-PMLA-2473/HYD/2018
& FPA-PMLA-2474/HYD/2018
Page 1 of 2
the appeal filed by the appellant, no interim order has been passed but despite of the same the appellant has issued the communication to the Bank not to release the amount. Prima facie it appears that it is a breach of the orders passed by this Tribunal.
The I.O. shall remain present on the next date of hearing.
List on 15th April, 2019.
(Justice Manmohan Singh) Chairman
New Delhi, 08th April, 2019
‘AS’
FPA-PMLA-2473/HYD/2018
& FPA-PMLA-2474/HYD/2018
Page 2 of 2
1 issue framed by the court
Whether the appellant breached interim orders by communicating to the bank not to release funds in the absence of an interim stay order in the filed appeal.
The Joint Director, Directorate of Enforcement, Hyderabad
M/s. Embassy Property Developments Pvt. Ltd.
Jitendra Virwani
Justice Manmohan Singh
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
