Allowed

FPA-PMLA-3005/CHD/2019 of M/s Sai Bhakti Ipex P. Ltd. v/s The Deputy Director Directorate of Enforcement, Chandigarh

ATFP4 Nov 2019FPA-PMLA-3005/CHD/2019

Case brief

AI extract

What is this about?

The Acting Chairman condoned a 29-day delay in filing an appeal by M/s Sai Bhakti Ipex P. Ltd. to the Appellate Tribunal for FEMA/PMLA. The application was allowed subject to a cost of Rs. 2,000 payable to the Prime Minister National Relief Fund.

What did the court decide?

Condonation of 29 days delay in filing the appeal subject to payment of Rs. 2,000 to the Prime Minister National Relief Fund.

FPA-PMLA-3005/CHD/2019 of M/s Sai Bhakti… — Constitutional and Fundamental Rights | ATFP (2019)

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

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MP-PMLA-5969/CHD/2019 (Stay) MP-PMLA-5970/CHD/2019 (COD) FPA-PMLA-3005/CHD/2019

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M/s Sai Bhakti Ipex P. Ltd. … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Chandigarh … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant no	: None
For the respondent	: Mr. Atul Tripathi, Adv.
CORAM
SHRI G.C. MISHRA	: ACTING CHAIRMAN

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ORDER 04.11.2019

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MP-PMLA-5970/CHD/2019 (COD) & FPA-PMLA-3005/CHD/2019

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None for the appellant. It is seen from the record that no one is appearing for the appellant last few dates. Sh. Atul Tripathi, counsel for the respondent is present. Upon hearing it seen that an application for condonation of 29 days delay in file the appeal is pending. No reply has been filed by the respondent. However, the ld. counsel for the respondent has argued the matter on condonation of delay application and submits that there is no merit in the application as there is no satisfactory explanation has been mentioned by the appellant as to why there is delay in filing the appeal. There is also no affidavit of the clerk on the ground which the applicant is sought that the delay should be condoned.

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In the application of condonation of delay the

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appellant/application is taken the following grounds:

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FPA-PMLA-3005/CHD/2019 Page 1 of 2

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5. That immediately upon receipt of the appeal the same was handed over the Counsel in Chandigarh to draft and file the appeal on behalf of the Appellant.

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6. That though the appeal having been drafted within time and signed by the appellant, the same could not be filed due to the fault of the clerk of the Counsel who had mis-placed the appeal papers during the course of shifting of the Office from Chandigarh to Panchkulla.

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7. That when the appellant enquired about the appeal on visiting the Hon’ble Tribunal when earlier matters were listed before the Hon’ble Tribunal it transpired that the appeal was not filed before the Hon’ble Tribunal.

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8. That despite best efforts the appeal paper book was not traced in the Office of the Counsel as well and fresh Appeal was drafted in the third week of March and the same is field on 25.03.2019 with the delay of 29 days in filing the appeal.

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There is delay of 29 days. I am satisfied that there are sufficient of delay in for filing the appeal. Grounds taken in the application is considered an allowed subject to the cost of Rs. 2,000/- in the interest of advance substantial justice. The condonation of delay application is allowed subject to the cost of Rs. 2000/-. The cost shall be paid by the appellant in the PRIME MINISTER NATIONAL RELIEF FUND within four weeks. Registry is directed to send the copy of this order to the counsel for the appellant as well as appellant for compliance of the order within four weeks and to appear on the next date of hearing. Registry is to place report compliance.

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List on 11^th February, 2020.

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(G.C. Mishra) Acting Chairman

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New Delhi, 4^th November, 2019 ‘s’

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FPA-PMLA-3005/CHD/2019 Page 2 of 2

FPA-PMLA-3005/CHD/2019 of M/s Sai Bhakti Ipex P. Ltd. v/s The Deputy Director Directorate of Enforcement, Chandigarh

Case brief

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FPA-PMLA-3005/CHD/2019 of M/s Sai Bhakti Ipex P. Ltd. v/s The Deputy Director Directorate of Enforcement, Chandigarh

Case brief

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