This order records the filing of a fresh appeal under section 26 of PMLA 2002. The appellant pressed for an interim stay, citing pending mortgage and SARFESI proceedings. The appellate court directed the parties to file written briefs.
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, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
| MP-PMLA-5826/MUM/2019 (Stay) & FPA-PMLA-2948/MUM/2019 |
||
|---|---|---|
| Alchemist Asset Reconstruction | … | Appellant |
| Versus | ||
| The Deputy Director | ||
| Directorate of Enforcement, Mumbai | … | Respondent |
Advocates/Authorized Representatives who appeared
| For the Appellant | : Ms. Varsha Banerjee, Ms. Juhi Bhambhani, Advocates |
|---|---|
| For the Respondent | : Sh. Rajeev Awasthi, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
ORDER 08.03.2019
FPA-PMLA-2948/MUM/2019
Fresh appeal has been filed u/s 26 of the PMLA 2002 against the order dated 04.01.2019. Issue notice to the respondent. Sh. Rajeev Awasthi, learned counsel for the respondent accepts the notice and seeks time to file the reply. Reply be filed within four weeks with an advance copy to the learned counsel for the appellant who may file the rejoinder two weeks thereafter. The learned counsel for the appellant is pressing for an interim order. The counsel for the appellant stated that the attached property has already been mortgaged and the appellant is a financial institution. The counsel for the appellant also states that the SARFESI proceedings are pending against the borrowers. She further states that this case is covered under the judgment of this Tribunal vide
FPA-PMLA-2948/MUM/2019
Page 1 of 2
dated 14-7-2017 in the case of State Bank of India & Ors. Vs. Enforcement Directorate.
In view of the above, status quo shall be maintained by both the parties. Both the parties are allowed to file the written synopsis by the next date of hearing.
List the appeal for final hearing on 17th May, 2019.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 8th March, 2019
M
FPA-PMLA-2948/MUM/2019
Page 2 of 2
2 issues framed by the court
Whether the attachment and sale of mortgaged property by a financial institution (SARFESI) should be stayed pending criminal appeal.
Whether the impugned order under section 26 of PMLA should be quashed in light of pending SARFESI proceedings.
Colour shows how this judgement treated each authority
State Bank of India & Ors. Vs. Enforcement DirectorateReferred¶7
State Bank of India & Ors. Vs. Enforcement Directorate dated 14-7-2017
1 provisions across 1 enactments
Alchemist Asset Reconstruction
The Deputy Director, Directorate of Enforcement, Mumbai
Manmohan Singh
G. C. Mishra
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
