Disposed

FPA-PMLA-2903/GOA/2019 of M/s Jasyswal Neco Industries Ltd. v/s The Deputy Director Directorate of Enforcement, Goa

ATFP8 Feb 2019FPA-PMLA-2903/GOA/2019

Case brief

AI extract

What is this about?

The Appellate Tribunal for FEMA, PMLA, NDPS & PBPT allowed a stay application. It directed maintenance of status quo and stayed the operation of impugned orders and notices under Section 8(4) of the PMLA pending the filing of replies.

What did the court decide?

Maintenance of status quo; stay on operation of impugned order and notices under Section 8(4) of PMLA; 'dasti' copy of order issued.

FPA-PMLA-2903/GOA/2019 of M/s Jasyswal Neco Industries Ltd… — Company and Corporate | ATFP (2019)

¶1

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

¶2

MP-PMLA-5640/GOA/2019 (Stay) FPA-PMLA-2903/GOA/2019 M/s Jasyswal Neco Industries Ltd. … Appellant Versus The Deputy Director Directorate of Enforcement, Goa … Respondent

¶3

Advocates/Authorized Representatives who appeared

¶4

For the Appellant : Mr. Siddharth Aggarwal, Advocate Mr. Nikhil Menon , Mr. Faraz, & Krishna Datta, Advocates For the Respondent : Mr. Atul Tripathi, Advocate for Mrs. Shilpi S. Satyam, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

¶5

ORDER 08.02.2019

¶6

FPA-PMLA-2903/GOA/2019

¶7

Fresh appeal has been filed under Section 26 of Prevention of Money Laundering Act, 2002 against the order dated 4^th January, 2019. Issue notice to respondent. Mr. Atul Tripathi, accepts the notice on behalf of Mrs. Shilpi, Advocate. Let the reply be filed within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

¶8

List on 17^th July, 2019.

¶9

MP-PMLA-5640/GOA/2019 (Stay)

¶10

Counsel for the appellant is pressing for interim order. According to him two notices under Section 8(4) were served. The said notices were issued on 28^th January, 2019. According to the counsel for the appellant, the said notices were received on 29^th January, 2019. Rule stipulates 10

¶11

FPA-PMLA-2903/GOA/2019

¶12

Page 1 of 2

¶13

days time to take the possession, however, the counsel for the appellant states that the symbolic possession was taken on 31^st January, 2019 without expiry of 10 days period. It is stated that the ED has placed the sign-board on 31^st January, 2018 before expiry of prescribed period. It is also stated that the physical possession is still lying with the appellant. Counsel for the respondent states that as far as compliance of rule 4 is concerned, he will take instruction from ED and make his submissions by the next date.

¶14

Counsel for the appellant states that he will move the application for removing the sign board as the same has been placed within 10 days as provided here and the application will consider on the next date.

¶15

In the meanwhile, we direct that the both parties shall maintain the status quo as of today. Operation of the impugned order shall remain stayed including the notices issued under Section 8(4).

¶16

Copy of the order be given ‘ dasti’ to both the parties.

¶17

(Justice Manmohan Singh) Chairman

¶18

(G.C. Mishra)

¶19

Member

¶20

New Delhi, 8^th February, 2019

¶21

‘K’

¶22

FPA-PMLA-2903/GOA/2019

¶23

Page 2 of 2

FPA-PMLA-2903/GOA/2019 of M/s Jasyswal Neco Industries Ltd. v/s The Deputy Director Directorate of Enforcement, Goa

Case brief

What is this about?

What did the court decide?

FPA-PMLA-2903/GOA/2019 of M/s Jasyswal Neco Industries Ltd. v/s The Deputy Director Directorate of Enforcement, Goa

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