Disposed

FPA-PMLA-3124/DLI/2019 of M/s. Mainak Agency Pvt. Ltd. v/s The Deputy Director, Directorate of Enforcement, Delhi

ATFP11 Jul 2019FPA-PMLA-3124/DLI/2019

Case brief

AI extract

What is this about?

The Adjudicating Officer heard appeals filed under Section 26 of the PMLA, 2002 along with interim stay applications concerning property attachment and mutual fund encashment. Both parties submitted extensively, and the Officer stayed the proceedings, ordered maintenance of status quo on attached property, and directed parties to file replies within specified timelines, demurring to pass a detaile

What did the court decide?

Status quo maintained regarding attached property; attachment continued. Detailed order deferred. Replies from parties invited within four weeks.

FPA-PMLA-3124/DLI/2019 of M/s. Mainak Agency Pvt. Ltd. v/s The… — Money Laundering | ATFP (2019)

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

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(1) MP-PMLA-6204/DLI/2019 (Stay) FPA-PMLA-3121/DLI/2019
Shri Sandeep Tyagi	…	Applicant
Versus
The Deputy Director,
Directorate of Enforcement, Delhi	…	Respondent
(2) MP-PMLA-6205/DLI/2019 (Stay) FPA-PMLA-3122/DLI/2019
Smt. Punam Tyagi	…	Applicant
Versus
The Deputy Director, Directorate of Enforcement, Delhi	…	Respondent
(3) MP-PMLA-6206/DLI/2019 (Stay) FPA-PMLA-3123/DLI/2019
M/s. Neel Madhav Consultants LLP	…	Applicant
Versus
The Deputy Director, Directorate of Enforcement, Delhi	…	Respondent
(4) MP-PMLA-6207/DLI/2019 (Stay) FPA-PMLA-3124/DLI/2019
M/s. Mainak Agency Pvt. Ltd.	…	Applicant
Versus
The Deputy Director, Directorate of Enforcement, Delhi	…	Respondent
(5) MP-PMLA-6208/DLI/2019 (Stay) FPA-PMLA-3125/DLI/2019
Shri Sanjeev Tyagi	…	Applicant
Versus
The Deputy Director,
Directorate of Enforcement, Delhi	…	Respondent

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FPA-PMLA-3121-3127/DLI/2019

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Page 1 of 3

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(6) MP-PMLA-6209/DLI/2019 (Stay) FPA-PMLA-3126/DLI/2019
Shri Rajiv Tyagi	…	Applicant
Versus
The Deputy Director, Directorate of Enforcement, Delhi	…	Respondent
(7) MP-PMLA-6210/DLI/2019 (Stay) FPA-PMLA-3127/DLI/2019
Smt. Sangeeta Tyagi	…	Applicant
Versus
The Deputy Director, Directorate of Enforcement, Delhi	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	:	Shri Manav Gupta, Advocate Ms. Esha Dutta, Advocate Shri Sahil Garg, Advocate Shri Devang Kumar, Advocate
For the Respondent	:	Shri Vikas Garg, Advocate Ms. Sanjana Rajput, Advocate
CORAM
JUSTICE MANMOHAN SINGH	:	CHAIRMAN

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ORDER 11.07.2019

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FPA-PMLA-3121-3127/DLI/2019, MP-6204-6210/DLI/2019 (Stay)

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Fresh appeals have been filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 30^th May, 2019. Along with the appeal, the applications for interim stay has also been filed. Both the parties have made their submission for more than one hour. Mr. Vikas Garg, the learned counsel for the respondent strongly opposed the prayer made in the applications. In view of the issues raised by both the parties, detailed order is to be passed. The same shall be passed in due course. In the meanwhile, ‘status quo’ shall be maintained by both the parties with regard to the attached property as per the

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FPA-PMLA-3121-3127/DLI/2019

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Page 2 of 3

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impugned order dated 30.5.2019. The attachment shall continue. The learned Counsel appearing on behalf of the appellant is also pressing for interim relief with regard to the encashment of the Mutual Funds of Shri Sandeep Tyagi and M/s. Mainak Agency Pvt. Ltd. It is his submission that Mutual Funds have been encashed and the money has been deposited by the Bank to the Enforcement Directorate. The same is against the Rules of the PMLA, “The Prevention of Money Laundering taking possession of attached or frozen properties confirmed by the Adjudicating Authority) Rules 2013”. His submissions that mutual funds shall be restored to the bank. Mr. Garg has referred various Rules in support of his arguments. As already mentioned that detailed order is to be passed.

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The reply to the appeal and interim application be filed within four weeks. The learned Counsel for appellant may file the rejoinder two weeks thereafter.

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List on 4^th September, 2019.

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

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(Justice Manmohan Singh) Chairman

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New Delhi, 11^th July, 2019

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„r‟

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FPA-PMLA-3121-3127/DLI/2019

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Page 3 of 3

FPA-PMLA-3124/DLI/2019 of M/s. Mainak Agency Pvt. Ltd. v/s The Deputy Director, Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

FPA-PMLA-3124/DLI/2019 of M/s. Mainak Agency Pvt. Ltd. v/s The Deputy Director, Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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