Partly allowed

FPA-PMLA-2735/PTN/2018 of Sh. Abhishek Poddar Haripoddar v/s Joint Director, Directorate of Enforcement, Patna

ATFP7 Jan 2019FPA-PMLA-2735/PTN/2018

Case brief

AI extract

What is this about?

The tribunal disposed of the application for condonation of delay in filing an appeal under s. 26 of the Prevention of Money Laundering Act, 2002. It directed the Enforcement Directorate to supply copies of any notice issued under s. 8(4) PMLA to the counsel and appellant. The notice u/s 8(4) was not found to have been issued at the time. Adjourned interlocutory issues.

What did the court decide?

Condonation of delay in filing appeal allowed. Notice u/s 8(4) of PMLA, if issued, must be supplied to appellant.

FPA-PMLA-2735/PTN/2018 of Sh. Abhishek Poddar Haripoddar v/s… — Money Laundering | ATFP (2019)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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MP-PMLA-5318/AHD/2018 (Stay) MP-PMLA-5319/AHD/2018 (COD) FPA-PMLA-2735/PTN/2018

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Sh. Abhishek Poddar Haripoddar … Appellant/Applicant Versus Joint Director, Directorate of Enforcement, Patna … Respondents

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Advocates/Authorized Representatives who appeared

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For the appellant	: Advocate appeared
For the respondent no. 1	: Mr. Nitesh Rana, Advocate
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN

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ORDER 07.01.2019

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MP-PMLA-5319/PTN/2018 (COD)

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The present appeal has been filed u/s 26 of Prevention of Money Laundering Act, 2002 against the impugned order dated 19^th September, 2018. Alongiwth the appeal an application for condonation of 15 days delay in filing the appeal has been filed. Heard both the parties.

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For the reasons stated in the application as well as in the grounds of appeal, the application for condonation of delay is allowed. Application is accordingly disposed of.

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FPA-PMLA-2735/PTN/2018 & MP-PMLA-5318/AHD/2018 (Stay)

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Issue notice in the main appeal as well as stay application. Let the replies be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder four weeks thereafter

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At this stage learned counsel for the appellant is pressing for interim order. Mr. Nitesh Rana, Counsel for the respondent submits that

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FPA-PMLA-2735/PTN/2018

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Page 1 of 2

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no notice u/s 8(4) of PMLA has been issued, in case any notice is issued a copy of the same also be supplied to the counsel for the appellant as well as appellant and then the counsel for the appellant press the interim order.

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We direct to the Enforcement Directorate in case any notice issued u/s 8(4) of PMLA, a copy of the same also be supplied to the counsel for the appellant as well as appellant through personal/Regd. A.D./courier so that he may press the interim order at that stage.

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List on 15^th April, 2019.

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(Justice Manmohan Singh) Chairman

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New Delhi, 7^th January, 2019

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‘S’

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FPA-PMLA-2735/PTN/2018

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FPA-PMLA-2735/PTN/2018 of Sh. Abhishek Poddar Haripoddar v/s Joint Director, Directorate of Enforcement, Patna

Case brief

What is this about?

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FPA-PMLA-2735/PTN/2018 of Sh. Abhishek Poddar Haripoddar v/s Joint Director, Directorate of Enforcement, Patna

Case brief

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What did the court decide?

What the court decided

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