Dismissed

FPA-PMLA-3016/CHN/2019 of M/s Vgn Property Developers Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

ATFP1 Oct 2019FPA-PMLA-3016/CHN/2019

Case brief

AI extract

What is this about?

The Acting Chairman allowed the respondent to file a reply to the appeal despite the right to file having expired, citing justice and equity as the new Investigating Officer was unaware of the case facts due to repatriation.

What did the court decide?

The application to take on record the reply was allowed, and the reply was taken on record during the day.

FPA-PMLA-3016/CHN/2019 of M/s Vgn Property Developers Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai — ATFP (2019) — LawSathi Research

¶1

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

¶2

MP-PMLA-6457/CHN/2019 (Misc.) MP-PMLA-5960/CHN/2019 (Exem.) FPA-PMLA-3016/CHN/2019

¶3

M/s VGN Property Developers Pvt. Ltd. … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Chennai … Respondent

¶4

Advocates/Authorized Representatives who appeared

¶5

For the appellant : Ms. Narayani Bhattacharyya, Advocate For the respondent : Mohd. Faraz, Advocate CORAM SHRI G.C. MISHRA : ACTING CHAIRMAN

¶6

ORDER 01.10.2019

¶7

MP-PMLA-6457/CHN/2019 (Misc.), MP-PMLA-5960/CHN/2019 (Exem.) & FPA-PMLA-3016/CHN/2019

¶8

The matter is listed today on the basis of application filed on behalf of the respondent for taking on record to the reply to the appeal. Right to file the reply has been closed by this tribunal vide order dated 9^th September, 2019. The learned counsel for the respondent has filed the said application with a prayer that the respondent may be permitted to file the reply to the appeal on the ground stated in the application. One of the main grounds that has been taken in the application about non filing of the reply is that the I.O. of the department is repatriated and new I.O has been appointed who was not aware of the facts of the case. Further ground taken that order dated 15^th July, 2019 was not reflecting on website of the tribunal and the new I.O was not in a position to know that the final opportunity is given to

¶9

file the reply.

¶10

FPA-PMLA-3016/CHN/2019

¶11

Page 1 of 2

¶12

The learned counsel for the appellant strongly raised objection to prayer of the appellant. The respondent did not file the reply as he was not in a position to know that the final opportunity given to file the reply.

¶13

The tribunal is to see that the justice is done in the case to both the parties by giving the fair opportunities to both the parties.

¶14

The respondent has explained the cause of non filing of reply in the application.

¶15

In the interest of justice & equity, after considering the submission of both the parties going through the reasons stated in the application, I am of the view that their will not be any change in the nature of the case and no prejudice would be caused to the appellant, if the application is allowed and as such the respondent is allowed to file the reply.

¶16

It is submitted by the counsel for the respondent that reply is ready and he would be filing the same during the course of the day. Let the reply be filed in the registry during the course of the day. The same is taken on record in file. Copy of the reply is supplied to the learned counsel for the appellant.

¶17

List this appeal on date already fixed i.e. 16^th October, 2019.

¶18

(G.C. Mishra) Acting Chairman

¶19

New Delhi, 01^st October, 2019.

¶20

‘D’

¶21

FPA-PMLA-3016/CHN/2019

¶22

Page 2 of 2

FPA-PMLA-3016/CHN/2019 of M/s Vgn Property Developers Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

What is this about?

What did the court decide?

FPA-PMLA-3016/CHN/2019 of M/s Vgn Property Developers Pvt. Ltd. v/s The Deputy Director Directorate of Enforcement, Chennai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

All orders in this case

Similar cases