Disposed

FPA-PMLA-2749/DLI/2018 of Shri Sanjay Jain v/s The Deputy Director, Directorate of Enforcement, Delhi

ATFP8 Aug 2019FPA-PMLA-2749/DLI/2018

Case brief

AI extract

What is this about?

The Tribunal allowed the continuation of an interim staying order dated 18.12.2018 and corrected a clerical error in the appeal number by consent of parties before fixing the matter for hearing.

What the court decided

AI extract

FPA-PMLA-2749/DLI/2018 of Shri Sanjay Jain v/s The… — Pension and Retirement Benefits | ATFP (2019)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

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MP-PMLA-6317/DLI/2019 (U.A.) MP-PMLA-5854/DLI/2019 (Rect.) MP-PMLA-5357/DLI/2018 (Stay) FPA-PMLA-2749/DLI/2018

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Shri Sanjay Jain … Appellant/Applicant

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Versus

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The Deputy Director, Directorate of Enforcement, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri R.K. Handoo, Advocate
For the respondent	: Shri Neeraj Atri, Advocate
CORAM JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER

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ORDER 08.08.2019

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MP-PMLA-6317/DLI/2019 (U.A.) & FPA-PMLA-2749/DLI/2018

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Fresh application has been mentioned on behalf of Shri Sanjay Jain

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by Mr. Handoo, the learned counsel for the appellant in FPA-PMLA2749/DLI/2018 for continuation of order passed on 18^th December, 2018.

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The accompanying appeal has been filed by the appellant against the impugned order dated 03.12.2018, passed in O.C. no. 287/2018 in Provisional Attachment Order no. 13/2018 dated 14.06.2018 by the Adjudicating Authority.

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It is submitted that against the said notice dated 10.12.2018 issued under Section 8(4) for taking the possession of the property under the

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FPA-PMLA-2749/DLI/2018

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Page 1 of 3

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Prevention of Money Laundering Act, 2002, the appellant had filed an urgent application being “MP-PMLA-5357/DLI/2018(Stay)”, seeking adinterim stay of the said notice along with his appeal on 18.12.2018.

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It is submitted that upon urgent mentioning by the Counsel for the appellant, the said application seeking ad-interim stay along with the main appeal was taken up for hearing by this Tribunal on 18.12.2018 itself wherein this Tribunal vide its order of the same date stayed the operation of notice dated 10.12.2018 till the next date of hearing.

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As there was a typographical error in the mentioning of the appeal number in the said order, an application dated 05.03.2019 for seeking rectification was also filed by the appellant.

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It is submitted that the said appeal was then listed before this Tribunal on 07.01.2019 and 06.03.2019, however, it appears that inadvertently the continuance of the stay order dated 18.12.2018 is not reflected in the subsequent orders. The respondent, however, has been taking time to file the reply to the appeal on each date.

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The said appeal was last listed before this Court on 07.08.2019 and the respondent again took time to file reply, however, due to inadvertence and bona-fide mistake, the stay order dated 18.12.2018 was not brought to the notice of the Tribunal on 07.08.2019 when the matter was listed. This Tribunal has now fixed the matter on 23.01.2020.

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The connected appeals against the order dated 26.09.2018 passed by the Adjudicating Authority are also coming on 23.01.2020, wherein this Tribunal has already extended the stay.

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FPA-PMLA-2749/DLI/2018

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Page 2 of 3

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Issue notice. Mr. Atri, the counsel for the respondent agrees that the interim order was passed on 18^th December, 2018 in appeal no. FPA-PMLA2749/DLI/2018, though it was typed in appeal no. FPA-PMLA2748/DLI/2018, he has no objection to the prayer.

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In view of the above, the interim order passed on 18.12.2018 in 2749/2018 shall continue till further orders. The correction is made with the consent of parties.

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List on 23.01.2020, the date already fixed.

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Copy of the order be given „ dasti ‟ to both parties.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi,

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8^th August, 2019

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„D‟

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FPA-PMLA-2749/DLI/2018

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FPA-PMLA-2749/DLI/2018 of Shri Sanjay Jain v/s The Deputy Director, Directorate of Enforcement, Delhi

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FPA-PMLA-2749/DLI/2018 of Shri Sanjay Jain v/s The Deputy Director, Directorate of Enforcement, Delhi

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