Disposed

FPA-PMLA-819/AHD/2015 of Fazaleumer Aziz Pothiwala v/s The Deputy Director Directorate of Enforcement, Ahmedabad

ATFP7 May 2019FPA-PMLA-819/AHD/2015

Case brief

AI extract

What is this about?

The Tribunal resolved two sets of miscellaneous appeals. In one set, filing a Form of the Foreign Exchange Regulation Act disposed the matter. In the other, citing similar precedents, it adjourned hearings to obtain 'reason to believe' documents and listed the remaining appeals for May 21, 2019.

What did the court decide?

The appeals involving copies of FDR were disposed off. The remaining appeals were listed for hearing after obtaining specific documents.

FPA-PMLA-819/AHD/2015 of Fazaleumer Aziz Pothiwala v/s The Deputy… — Money Laundering | ATFP (2019)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT

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AT NEW DELHI

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1. MP-PMLA-4950/AHD/2018 (Misc) FPA-PMLA-819/AHD/2015 Fazaleumer Aziz Pothiwala

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Appellant

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2. MP-PMLA-4951/AHD/2018 (Misc) FPA-PMLA-820/AHD/2015 Jafar Mohamed Hasanfatta

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… Appellant

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3. MP-PMLA-4952/AHD/2018 (Misc) FPA-PMLA-821/AHD/2015 Ahmed Mohamed Hasanfatta

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Appellant

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4. MP-PMLA-4953/AHD/2018 (Misc) FPA-PMLA-822/AHD/2015 Samir Godil

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Appellant

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5. MP-PMLA-4954/AHD/2018 (Misc) FPA-PMLA-823/AHD/2015 Afroz Mohamed Hasanfatta

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Appellant

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6. MP-PMLA-4955/AHD/2018 (Misc) FPA-PMLA-824/AHD/2015 Foziya Samir Godil

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7. MP-PMLA-4955/AHD/2018 (Misc.) FPA-PMLA-1048/AHD/2015 Ahmed Mohamed Hasanfatta

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8. FPA-PMLA-1047/AHD/2015 Afroz Mohamed Hasanfatta

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9. FPA-PMLA-1049/AHD/2015 Jafar Mohamed Hasanfatta Versus

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… Appellant

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… Appellant/Applicant

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… Appellant/Applicant

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… Appellant/Applicant

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The Deputy Director Directorate of Enforcement, Ahmedabad … Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellants : Mr. Chetan Kr. Pandya, Advocate For the Respondent : Mr. Atul Tripathi, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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FPA-PMLA-819-824/AHD/2015 FPA-PMLA-1047-1049/AHD/2015

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Page 1 of 3

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ORDER 07.05.2019

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MP-PMLA-4950, 4951,4953 & 4954/AHD/2018

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The learned counsel for the appellants has filed the copy of the FDR in order to prove that FDR is made in the name of the respondent. In view of the above, the learned counsel for the appellant is not pressing the application.

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Accordingly, the MPs vide no. MP-PMLA-4950, 4951, 4953 & 4954/AHD/2018 are disposed off.

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FPA-PMLA-819-824/AHD/2015 , FPA-PMLA-1047-1049/AHD/2015

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Further, the learned counsel for the appellants has referred the decision of this Tribunal vide dated 13.02.2018 in the case of FPA-PMLA435/DLI/2013 – Jagati Publications Ltd., FPA-PMLA-436/DLI/2013 – Janani Infrastructure Pvt. Ltd. , FPA-PMLA-474/DLI/2013- Hetero Drugs Ltd., FPAPMLA-462/DLI/2013 – APL Research Centre Ltd. and FPA-PMLA463/DLI/2013 – Aurobindo Pharma Ltd. passed by this Tribunal.

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It is stated by the learned counsel for the appellants that facts of the present appeal are to some extent are similar. It is also stated by him that no FIR is pending against the appellants nor they are involved in the schedule offence. Therefore, the same order be passed. The prayer is opposed on behalf of the respondent.

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Let the file be called from the office of the Enforcement Directorate as well as from the Adjudicating Authority containing the envelop of the reason to believe by the next date of hearing.

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FPA-PMLA-819-824/AHD/2015 FPA-PMLA-1047-1049/AHD/2015

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Page 2 of 3

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List the appeals on 21^st May, 2019

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Order of the copy be given “Dasti” to both the parties.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member