Disposed

FPA-PMLA-2952/GOA/2019 of Vinod Phadke & Anr. v/s The Deputy Director Directorate of Enforcement, Goa

ATFP5 Mar 2019FPA-PMLA-2952/GOA/2019

Case brief

AI extract

What is this about?

The Appellate Tribunal noted that the appeal against an Adjudicating Authority order was timely filed following a High Court interim order. The Tribunal granted an interim stay on coercive steps pending the reply and re-listed the application.

What did the court decide?

Interim order passed staying coercive steps by the respondent until further orders.

FPA-PMLA-2952/GOA/2019 of Vinod Phadke & Anr. v/s The Deputy… — Money Laundering | ATFP (2019)

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

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MP-PMLA-5831/GOA/2019 (E.H.) MP-PMLA-5832/GOA/2019 (Stay) MP-PMLA-5833/GOA/2019 (Exem.) FPA-PMLA-2952/GOA/2019

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Vinod Phadke & Anr. … Appellants/Applicant Versus The Deputy Director Directorate of Enforcement, Goa … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Mr. Gurmehar Sistani, Advocate
	Mr. Karan Mathur, Advocate
	Mr. Ivo D’costa, Advocate
For the respondent	: Shri S.K. Sharma, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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ORDER 05.03.2019 FPA-PMLA-2952/GOA/2019 & MP-PMLA-5832/GOA/2019 (Stay)

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Fresh appeal has been filed u/s 26 of Prevention of Money Laundering Act, 2002 against the order dated 13^th September, 2018. The learned counsel for the respondent submits that he has not received the copy of the appeal. Learned counsel for the appellant has handed over another copy of appeal to the respondent.

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The learned counsel for the appellant has pointed out two orders passed by the Hon’ble Delhi High Court dated 10^th August, 2018 & 5^th February, 2019.

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FPA-PMLA—2952/GOA/2019

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Page 1 of 3

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It is an admitted position that during the pendency of the writ petition no. 8356 of 2018, an interim order was passed that “ the proceedings before the Adjudicating Authority may continue. However, orders, if any, shall not be implemented. It is clarified that the provisional attachment shall continue to be operative.

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The counsel for the appellant states that in view of the said order passed by the High Court, the appellant has filed the appeal in time accordingly.

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Issue notice. Mr. S.K. Sharma, counsel for the respondent accepts the notice and seeks six weeks time to file the reply. 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.

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The learned counsel for the appellant is pressing an interim order. The prayer is opposed by the counsel for the respondent. It is submitted that in the FIR offence committed by the appellant no. 1 occurred during the course of 23^rd October, 2006 to 25^th May, 2008. Counsel for the appellant states that alleged offence of money laundering was also committed during the aforesaid period. Since the offence of money laundering and the predicate offences are alleged to have been committed prior to the coming into force of the Amendment Act, 01.06.2009 the appellants cannot be prosecuted under Sec. 3 of the PMLA for offences of money laundering.

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It is a matter of fact that in the above said matter the interim order in favour of the appellant has already been passed by the Hon’ble High Court on the direction that Adjudicating Authority shall not be

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FPA-PMLA—2952/GOA/2019

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Page 2 of 3

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implemented and since the aforesaid legal issue has been raised by the learned counsel for the appellant, we are inclined to pass an interim order in favour of the appellant.

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Let the reply be filed within six week with an advance copy to the counsel for the appellant who may file the rejoinder four weeks thereafter.

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List this application on 2^nd August, 2019.

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Till the next date of hearing no coercive steps shall be taken by the

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respondent. It is also directed P.A.O shall continue.

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Order be given dasti to both the parties.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member New Delhi, 5^th March, 2019

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‘s’

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FPA-PMLA—2952/GOA/2019

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FPA-PMLA-2952/GOA/2019 of Vinod Phadke & Anr. v/s The Deputy Director Directorate of Enforcement, Goa

Case brief

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FPA-PMLA-2952/GOA/2019 of Vinod Phadke & Anr. v/s The Deputy Director Directorate of Enforcement, Goa

Case brief

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