Disposed

FPA-PMLA-2875/MUM/2019 of Rakesh Girdharilal Gajera v/s The Deputy Director, Directorate of Enforcement, Mumbai

ATFP6 Jul 2020FPA-PMLA-2875/MUM/2019

Case brief

AI extract

What is this about?

In an urgent hearing during the COVID-19 situation, the Tribunal preponed the fixed hearing date for two money laundering appeal applications from late September 2020 to 3rd September 2020. It disposed of separate urgent applications for preponement as infructuous.

What did the court decide?

Fixed appeals for hearing on 03 September 2020; disposed of urgent applications for preponement as infructuous.

FPA-PMLA-2875/MUM/2019 of Rakesh Girdharilal Gajera v/s The… — Money Laundering | ATFP (2020)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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1. MP-PMLA-7152/MUM/2020 (U.H.) MP-PMLA-7142/MUM/2020 (U.H.) MP-PMLA-6064/MUM/2019 (Stay) MP-PMLA-5598/MUM/2019 (Stay) FPA-PMLA-2874/MUM/2019 M/s. Laxmi Infradevelopers Ltd. … Appellant Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent 2. MP-PMLA-7153/MUM/2020 (U.H.) MP-PMLA-7143/MUM/2020 (U.H.) MP-PMLA-5599/MUM/2019 (Stay) FPA-PMLA-2875/MUM/2019 Rakesh Girdharilal Gajera … Appellant Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent

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Advocates/Authorized Rep	resentatives who appeared
For the Appellants	: Dr. Shamsuddin, Advocate
For the Respondent (ED)	: Mr. Mohammad Faraz, Advocate
CORAM SHRI G. C. MISHRA	: ACTING CHAIRMAN
	ORDER 06.07.2020

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FPA-PMLA-2874/MUM/2019 & FPA-PMLA-2875/MUM/2019

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The matters are taken up through Video-conferencing on the applications for urgent hearing received through E-mail. The appearances of the learned counsels for the parties are as above.

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MP-PMLA-7152/MUM/2020 (U.H.), MP-PMLA-7142/MUM/2020 (U.H.), MP-PMLA-7153/MUM/2020 (U.H.) & MP-PMLA-7143/MUM/2020 (U.H.)

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All these applications are for early hearing i.e. for preponing the date of hearing from 23.09.2020 to any date in the Second and Third week of

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FPA-PMLA-2874/MUM/2019 & FPA-PMLA-2875/MUM/2019

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Page 1 of 3

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June, 2020. The contents of urgent applications dated 08.06.2020 filed on 11.06.2020 through E-mail are the same as filed on 04.06.2020. In view of the filing of the subsequent applications, the application no(s). MP-PMLA7142/MUM/2020 (U.H.) & MP-PMLA-7143/MUM/2020 (U.H.) have become infructuous and disposed of accordingly.

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During the course of hearing, the learned counsel for the appellants seeks early hearing of the appeals on the grounds stated in the applications. On the other hand Mr. Mohammad Faraz appearing for the respondent has raised objection and sought dismissal of the urgent applications on the grounds that the applications are devoid of merits and that in the matter of M/s. Laxmi Infra-developers Ltd. the affidavit is signed by the person who is not authorized to sign the same and that the applications are infructuous as the appellants sought second and third week of June, 2020 or early hearing of the appeals and that there is no urgency to hear the appeals early. The learned counsel for the appellants, in reply, argued that the affidavit is signed by one of the Director of M/s. Laxmi Infra-developers Ltd. and he is competent to sign the same and that keeping in view the urgency an early date preferably in the month of July and August, 2020 may be fixed for early hearing.

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Heard both sides. In the given COVID-19 situation this Tribunal is hearing only urgent applications such as the circumstance when eviction notice under Section 8(4) of PMLA, 2002 is issued. The appeals are already fixed on 23^rd September, 2020. Keeping in view the submissions made by both the parties, the appeals are preponed to 03^rd September, 2020 instead of 23^rd September, 2020. Accordingly, the urgent applications no(s). MPPMLA-7152/MUM/2020 (U.H.) & MP-PMLA-7153/MUM/2020 (U.H.) are disposed of.

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FPA-PMLA-2874/MUM/2019 & FPA-PMLA-2875/MUM/2019

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Page 2 of 3

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During the course of hearing, the learned counsel for the respondent submitted that they have already filed Prosecution Complaint under PMLA, 2002 against the present appellants and will file copy of the same within two weeks. The written synopsis of both the parties are available on record.

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List the appeals for hearing on 03^rd September, 2020.

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(G. C. Mishra) Acting Chairman

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New Delhi, 06^th July, 2020

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‘AS’

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FPA-PMLA-2874/MUM/2019

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& FPA-PMLA-2875/MUM/2019

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FPA-PMLA-2875/MUM/2019 of Rakesh Girdharilal Gajera v/s The Deputy Director, Directorate of Enforcement, Mumbai

Case brief

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FPA-PMLA-2875/MUM/2019 of Rakesh Girdharilal Gajera v/s The Deputy Director, Directorate of Enforcement, Mumbai

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