FPA-PMLA-716/LKW/2014 of M/s. Vindhya Shakti Cement Pvt. Ltd. v/s The Joint Director, Directorate of Enforcement, Lucknow

ATFP30 May 2019FPA-PMLA-716/LKW/2014

Case brief

AI extract

What is this about?

The Appellate Tribunal for SAFEMA, FEMA, NDPS, PMLA & PBPT allowed time for the respondent to file reply to impleadment application. It directed appellants to file an affidavit clarifying that additional documents dated 28.05.2019 and 2015 were already before the Adjudicating Authority and not new to the Bench. The matter was listed for 15.10.2019.

What did the court decide?

Respondent granted four weeks to file reply; appellants directed to file affidavit regarding additional documents; list fixed for 15.10.2019.

FPA-PMLA-716/LKW/2014 of M/s. Vindhya Shakti Cement Pvt… — Insolvency and Bankruptcy | ATFP (2019)

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

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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

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Versus

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The Joint Director, Directorate of Enforcement, Lucknow … Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellants	: Shri Anshuman Sinha, Advocate Shri Mradul Rathi, Advocate
For the Respondent	: Shri Vikas Garg, Advocate

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CORAM SMT. ANANYA RAY : MEMBER

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ORDER 30.05.2019

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MP-PMLA-2040/LKW/2015 (Impleadment) & FPA-PMLA-699/LKW/2014

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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.

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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.

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FPA-PMLA-699/LKW/2014, FPA-PMLA-708/LKW/2014 & FPA-PMLA709/LKW/2014

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With regard to the appeals, it is seen that they have filed the miscellaneous petition i.e. MP-PMLA-6115/LKW/2019 on 28^th May, 2019 for

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FPA-PMLA-712 & 715-717/LKW/2014 FPA-PMLA-699, 708, 709, 700-702 & 711/LKW/2014

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Page 2 of 3

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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.

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FPA-PMLA-700/LKW/2014, FPA-PMLA-701/LKW/2014 & FPA-PMLA702/LKW/2014

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The learned counsel for the appellant stated that they are also filing applications for additional documents in the above three appeals today.

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FPA-PMLA-711/LKW/2014

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This appeal will also be heard alongwith the above appeals.

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List all the appeals on 15^th October, 2019.

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(Ananya Ray) Member

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New Delhi, 30^th May, 2019 ‘A’

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FPA-PMLA-712 & 715-717/LKW/2014 FPA-PMLA-699, 708, 709, 700-702 & 711/LKW/2014

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Page 3 of 3

FPA-PMLA-716/LKW/2014 of M/s. Vindhya Shakti Cement Pvt. Ltd. v/s The Joint Director, Directorate of Enforcement, Lucknow

Case brief

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FPA-PMLA-716/LKW/2014 of M/s. Vindhya Shakti Cement Pvt. Ltd. v/s The Joint Director, Directorate of Enforcement, Lucknow

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