Partly allowed

FPA-PMLA-2788/DLI/2019 of Bank of India & Others v/s The Deputy Director Directorate of Enforcement, Delhi

ATFP14 Jan 2019FPA-PMLA-2788/DLI/2019

Case brief

AI extract

What is this about?

This is a fresh appeal filed under Section 26 of the PMLA, 2002 challenging an order of the Adjudicating Authority. The appellant sought a stay on eviction notices. The Tribunal directed a notice to appeal and stay application, allowing synopses, and stayed the eviction notice pending further hearing.

What did the court decide?

Stayed the eviction notice under Section 8(4) of the PMLA, 2002, and directed parties to maintain status quo on attached properties.

FPA-PMLA-2788/DLI/2019 of Bank of India & Others v/s The Deputy… — Money Laundering | ATFP (2019)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

FPA-PMLA-2788/DLI/2019 Bank of India & Others … Appellant/Applicant

¶3

Versus

¶4

The Deputy Director Directorate of Enforcement, Delhi … Respondent

¶5

Advocates/Authorized Representatives who appeared

¶6

For the Appellant : Mr. V. Seshagiri Advocate, Mr. Siddharth Sachar, Advocate For the Respondent : Mr. S.K. Sharma, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN

¶7

ORDER 14.01.2019

¶8

FPA-PMLA-2788/DLI/2019

¶9

Fresh appeal has been filed u/s 26 of PMLA, 2002 against the order dated 20^th November, 2018 passed by the Adjudicating Authority.

¶10

Alongwith the appeal an application for stay has also been filed. The learned counsel for the appellant states that the attached properties were already mortgaged with the appellant bank. Not only that he states that the judgment and decree against the borrowers have already been passed and which attains finality.

¶11

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

¶12

The interim prayer made in the stay application is opposed by the counsel for the respondent. In view of the facts stated in the grounds of the appeal and the similar orders have been passed by this tribunal, the present matter is also covered as hearing the similar fact, the appellant

¶13

is entitled to for the relief sought.

¶14

FPA-PMLA-2788/DLI/2018

¶15

Page 1 of 2

¶16

Till the next date of hearing operation of the impugned of the shall

¶17

remain stay.

¶18

Evection notice u/s 8(4) of PMLA, 2002 issued by the Enforcement Directorate shall remain stay. However, parties shall maintain the status quo in respect of the attached properties.

¶19

List on 1^st May, 2019.

¶20

Both the parties are allowed to file written synopsis.

¶21

Order be given “ dasti” to both the parties.

¶22

(Justice Manmohan Singh) Chairman

¶23

New Delhi, 14^th January, 2019 ‘S’

¶24

FPA-PMLA-2788/DLI/2018

¶25

Page 2 of 2

FPA-PMLA-2788/DLI/2019 of Bank of India & Others v/s The Deputy Director Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

FPA-PMLA-2788/DLI/2019 of Bank of India & Others v/s The Deputy Director Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases