FPA-PMLA-2410/PTN/2018 of Shri Bharat Yadav & Ors. v/s The Deputy Director Directorate of Enforcement, Patna

ATFP10 Jul 2020FPA-PMLA-2410/PTN/2018

Case brief

AI extract

What is this about?

Appellants in three FPA-PMLA matters sought an adjournment for failing to receive files due to COVID-19 restrictions preventing transport and counsel being in a containment zone. The Acting Chairman allowed the adjournment but categorized the request for a physical hearing as hypothetical.

What did the court decide?

Prayer for adjournment allowed; request to list for physical hearing noted as hypothetical and deferred to the High Court.

FPA-PMLA-2410/PTN/2018 of Shri Bharat Yadav & Ors… — Civil Procedure and Limitation | ATFP (2020)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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1. MP-PMLA-7224/PTN/2020 (Review) FPA-PMLA-2410/PTN/2018
Shri Bharat Yadav & Ors. …	Appellants/Applicants
Versus
The Deputy Director
Directorate of Enforcement, Patna …	Respondent
2. FPA-PMLA-2642/PTN/2018
Shri Amit Kumar …	Appellant/Applicant
Versus
The Deputy Director Directorate of Enforcement, Patna …	Respondent
&
3. FPA-PMLA-2643/PTN/2018
Smt. Satyabati Devi …	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Patna …	Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellants	: None
For the Respondent (ED)	: Mr. S. K. Sharma, Advocate
CORAM
SHRI G. C. MISHRA	: ACTING CHAIRMAN
	ORDER
	10.07.2020

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MP-PMLA-7224/PTN/2020 (Review) in FPA-PMLA-2410/PTN/2018, FPA-PMLA-2642/PTN/2018 & FPA-PMLA-2643/PTN/2018

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The matter is taken up through Video-conferencing. The appearance

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of the parties/learned counsel are as above.

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The appeals are fixed for hearing today. As per the directions of the

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Hon’ble High Court Patna, vide order dated 14.02.2020, the appeals are to MP-PMLA-7224/PTN/2020 In FPA-PMLA-2410/PTN/2018, FPA-PMLA-2642/PTN/2018 & FPA-PMLA-2643/PTN/2018 Page 1 of 3

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Page 1 of 3

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be decided by this Tribunal within three months from the date of receipt/production of the copy of the order. The copy of the order is received by this Tribunal on 24.06.2020 through E-mail as such the three months period is expiring on 24.09.2020. In view of the same, notice to the parties were sent and served on the parties as well as on their counsel, fixing today the date of hearing.

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None appeared from the side of the appellants. However, a letter dated 09.07.2020 is received through E-mail from Mr. Naushad Alam, Advocate seeking adjournment on the ground that they are yet to receive the files (due to restricted movement/means of communications arising from COVID-19) from their clients which they had returned for pursuing the matters before the Hon’ble Patna High Court and that his residence falls under containment zone and that he has requested to list the matters for physical hearing upon return of normalcy.

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During the course of hearing the learned counsel for the respondent submitted that according to the Full Bench of the Hon’ble Delhi High Court order the stipulated period could be excluded due to COVID-19 situation till 15.07.2020 as the Courts are not functioning. So, the COVID-19 period could be excluded from the stipulated period of three months and further suggested that this Tribunal can ask the appellants to intimate all the situations to the Hon’ble Patna High Court so that the period could be extended.

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The letter of the learned counsel for the appellants is considered. In the given COVID-19 situation and on the grounds stated in the letter, the prayer for adjournment is allowed. But, so far as the request of the learned counsel for the appellants for listing the matter for physical hearing upon return of normalcy is a hypothetical request. At this stage it can’t be said as to when the normalcy will return. Over and above there is a stipulated period of three months have been given by the Hon’ble Patna High Court to decide the appeals. At the same time when the order of Hon’ble High court

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MP-PMLA-7224/PTN/2020 In FPA-PMLA-2410/PTN/2018, FPA-PMLA-2642/PTN/2018 & FPA-PMLA-2643/PTN/2018

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Page 2 of 3

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was passed there was no lockdown situation in India. If the appellants want to get the appeals heard after return of normalcy then they have to move the Hon’ble Patna High Court for appropriate orders at the earliest.

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In the above circumstances list the appeals for hearing on 07^th August, 2020.

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The Registry is directed to send notice along with the copy of the today’s order to the appellants and their counsel through E-mail as well as by Speed Post and report compliance.

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(G. C. Mishra) Acting Chairman

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New Delhi, 10^th July, 2020

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‘AS’

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MP-PMLA-7224/PTN/2020 In FPA-PMLA-2410/PTN/2018, FPA-PMLA-2642/PTN/2018 & FPA-PMLA-2643/PTN/2018

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Page 3 of 3

FPA-PMLA-2410/PTN/2018 of Shri Bharat Yadav & Ors. v/s The Deputy Director Directorate of Enforcement, Patna

Case brief

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FPA-PMLA-2410/PTN/2018 of Shri Bharat Yadav & Ors. v/s The Deputy Director Directorate of Enforcement, Patna

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