A tracing order adjourning multiple pending appeals against贪腐 attach directions pending miscellaneous applications seeking impleadment and filing of additional documents.
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 FOR SAFEMA, FEMA, NDPS, PMLA & PBPT ACT AT NEW DELHI
| 1. MP-PMLA-5362/LKW/2019 (Misc.) FPA-PMLA-712/LKW/2014 |
||
|---|---|---|
M/s. Blooms Realtors & |
… | Appellant |
| Hospitality Pvt. Ltd. | ||
| 2. MP-PMLA-5363/LKW/2019 (Misc.) |
||
| FPA-PMLA-715/LKW/2014 M/s. Anujay Exim Pvt. Ltd. |
… | Appellant |
| 3. MP-PMLA-5364/LKW/2019 (Misc.) | ||
| FPA-PMLA-716/LKW/2014 | ||
| M/s. Vindhya Shakti Cement Pvt. Ltd. | … | Appellant |
| 4. MP-PMLA-5365/LKW/2019 (Misc.) | ||
| FPA-PMLA-717/LKW/2014 | ||
| Shri Gaya Prasad Kushwaha | … | Appellant |
| 5. MP-PMLA-6115/LKW/2019 (A.D.) | ||
| MP-PMLA-2040/LKW/2015 (Impleadment) | ||
| MP-PMLA-2037/LKW/2015 (A.D) | ||
| MP-PMLA-1346/LKW/2014 (Stay) | ||
| FPA-PMLA-699/LKW/2014 | ||
| M/s. Axis Education Society | … | Appellant |
| 6. MP-PMLA-6116/LKW/2019 (A.D.) | ||
| MP-PMLA-2038/LKW/2015 (A.D.) | ||
| MP-PMLA-1323/LKW/2014 (Stay) | ||
| MP-PMLA-1274/LKW/2014 (Stay) | ||
| FPA-PMLA-708/LKW/2014 | ||
| Tathagat Shikasha Samiti | … | Appellant |
| 7. MP-PMLA-6117/LKW/2019 (A.D.) | ||
| MP-PMLA-2039/LKW/2015 (A.D.) | ||
| MP-PMLA-1324/LKW/2014 (Stay) | ||
| MP-PMLA-1275/LKW/2014 (Stay) | ||
| FPA-PMLA-709/LKW/2014 | ||
| Bhagwat Prasad Education & Welfare Trust | … | Appellant |
| 8. FPA-PMLA-700/LKW/2014 | ||
| M/s. Axis Institute of Learning Pvt. Ltd. | … | Appellant |
| 9. FPA-PMLA-701/LKW/2014 | ||
| M/s. Quad Fashions Pvt. Ltd. | … | Appellant |
| 10. FPA-PMLA-702/LKW/2014 | ||
| M/s. Sanghi Distributors Pvt. Ltd. | … | Appellant |
| 11. FPA-PMLA-711/LKW/2014 | ||
| Smt. Suman Gupta | … | Appellant |
| FPA-PMLA-712 & 715-717/LKW/2014 FPA-PMLA-699, 708, 709, 700-702 & 711/LKW/2014 |
Page 1 of 3 |
Versus
The Joint Director, Directorate of Enforcement, Lucknow … Respondent
Advocates/Authorized Representatives who appeared
| For the Appellants | : Shri Anshuman Sinha, Advocate Shri Mradul Rathi, Advocate |
|---|---|
| For the Respondent | : Shri Vikas Garg, Advocate |
CORAM SMT. ANANYA RAY : MEMBER
ORDER 30.05.2019
MP-PMLA-2040/LKW/2015 (Impleadment) & FPA-PMLA-699/LKW/2014
Learned counsel for the appellant stated that they have filed an application for impleading one Shri Raj Kushwaha because although none of his properties have been attached it is his money that has been used to buy these properties. The learned counsel for the respondent strongly objected to the same and stated that Raj Kushwaha had filed an appeal earlier but had withdrawn the appeal and the same was allowed to be withdrawn by the Bench. The said order of the Tribunal to that effect was not available in the records and the learned counsel for the appellant states that he would be submitting it to the Registry alongwith a copy to the respondent.
In the meantime, respondent also seeks some more time to file the reply to the impleadment application which may be submitted within four weeks with a copy to the appellant who may file the rejoinder, if any, within two weeks thereafter.
FPA-PMLA-699/LKW/2014, FPA-PMLA-708/LKW/2014 & FPA-PMLA709/LKW/2014
With regard to the appeals, it is seen that they have filed the miscellaneous petition i.e. MP-PMLA-6115/LKW/2019 on 28th May, 2019 for
FPA-PMLA-712 & 715-717/LKW/2014 FPA-PMLA-699, 708, 709, 700-702 & 711/LKW/2014
Page 2 of 3
permission to file additional documents. The Learned Counsel for the respondent states that they had earlier filed another application i.e. MPPMLA-2037/LKW/2015 also seeking permission to file additional documents which is still pending. He objected to the fact that additional documents are being submitted in piecemeal at this stage when all pleadings are complete and the matter is to be finally heard and this was merely a tactic to prolong the hearing. The learned counsel for the appellants are directed to file an affidavit to the effect that all these additional documents filed on 28.05.2019 as well as in 2015 were before the Adjudicating Authority and there are no new documents being placed before the Bench now. The learned counsel for the respondent also seeks some to file replies to the miscellaneous petitions.
FPA-PMLA-700/LKW/2014, FPA-PMLA-701/LKW/2014 & FPA-PMLA702/LKW/2014
The learned counsel for the appellant stated that they are also filing applications for additional documents in the above three appeals today.
FPA-PMLA-711/LKW/2014
This appeal will also be heard alongwith the above appeals.
List all the appeals on 15th October, 2019.
(Ananya Ray) Member
New Delhi, 30th May, 2019 ‘A’
FPA-PMLA-712 & 715-717/LKW/2014 FPA-PMLA-699, 708, 709, 700-702 & 711/LKW/2014
Page 3 of 3
M/s. Blooms Realtors & Hospitality Pvt. Ltd. and others
The Joint Director, Directorate of Enforcement, Lucknow
Ananya Ray
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
