This order proceeds on the basis of a prior detailed judgment dated 2nd November 2018 which directed restoration of possession. It confirms proceedings regarding non-compliance of that order and lists the matter for further 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 FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI
| (1) MP-PMLA-5299/PTN/2018 (E.H.) MP-PMLA-5210/PTN/2018 (Misc.) MP-PMLA-5069/PTN/2018 (Misc.) MP-PMLA-4938/PTN/2018 (Stay) FPA-PMLA-2542/PTN/2018 |
||
|---|---|---|
| Dr. Pradeep Kumar | … | Appellant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
| (2) MP-PMLA-4939/PTN/2018 (Stay) FPA-PMLA-2543/PTN/2018 |
||
| Shri Rajendra Kumar | … | Appellant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
| (3) MP-PMLA-4940/PTN/2018 (Stay) FPA-PMLA-2544/PTN/2018 |
||
| Nand Lal HUF | … | Appellant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
| (4) MP-PMLA-5017/PTN/2018 (Misc.) MP-PMLA-4943/PTN/2018 (Stay) FPA-PMLA-2547/PTN/2018 |
||
| Shri Shyamal Chakravarty | … | Appellant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Patna | … | Respondent |
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Anshuman Sinha, Shri Vinay Prakash & Mirdul Rathi, Advocates |
|---|---|
| For the respondent | : Ms. Shilpi Satyapriya Satyam, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
FPA-PMLA-2542, 2543, 2544 & 2547/PTN/2018
Page 1 of 2
ORDER 25.02.2019
FPA-PMLA-2542-2544 & 2547/PTN/2018
On 2nd November, 2018 this tribunal has passed the detailed order. The operative part of the order are mentioned in para no. 22 to 26.
The same is read as under:
“22. Thus, it is directed that the possession be restored forthwith subject to the conditions the appellant Dr. Pradeep Kumar and Shyamal Chakravarty each shall deposit Rs. 10,000/- per month as use and occupation charges within two weeks from today including the arrear of purchase and shall keep on depositing the same on or before the 7th of Every month.
23. As far as restoration of possession is concerned, the legal issue involved in the case of Shri Shyamal Chakravarty are same in which the learned counsel for the appellant is agreeable to deposit the use and occupation charges and other terms and conditions as mentioned above. Therefore, the same order shall also apply to the appeal no. FPA-PMLA-2547/PTN/2018.
24. Replies to the appeal has already been filed. Rejoinders, if any, be filed by the next date.
25. List on 25th February, 2019.
26. Copy of the order be given „dasti‟ to both the parties.”
The learned counsel for the appellant states that the said order has not been complied by the respondent. There is no stay passed by the Hon’ble High Court against the order passed on 2nd November, 2018. I am of the view unless the order passed by this tribunal is stayed, the respondent is duty bound to comply the order dated 2nd November, 2018. In view of non-compliance, the I.O shall remain present on the next date of hearing.
List on 11th March, 2019.
Copy of the order be given „dasti‟ to both the sides.
New Delhi,
25th February, 2019
‘D’
FPA-PMLA-2542, 2543, 2544 & 2547/PTN/2018
(Justice Manmohan Singh) Chairman
Page 2 of 2
Dr. Pradeep Kumar
Shri Rajendra Kumar
Nand Lal HUF
Shri Shyamal Chakravarty
The Deputy Director, Directorate of Enforcement, Patna
Manmohan Singh
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
