Disposed

FPA-PMLA-734/DLI/2014 of Nishi Sarkar v. The Deputy Director, Directorate of Enforcement, Delhi

ATFP21 Aug 2020FPA-PMLA-734/DLI/2014

Case brief

AI extract

What is this about?

Appellant sought interim stay of eviction notice. Court directed deposit of outstanding proceeds and monthly occupation charges. Eviction stayed until next hearing.

What did the court decide?

Eviction notice kept in abeyance; appellant directed to deposit Rs. 2,00,000 by 30th September, 2020 and pay Rs. 10,000 monthly occupation charges.

FPA-PMLA-734/DLI/2014 of Nishi Sarkar Vs The Deputy Director… — Property and Title | ATFP (2020)

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

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MP-PMLA-7489/DLI/2020 (Stay) MP-PMLA-6982/DLI/2020 (Misc.) MP-PMLA-1291/DLI/2014 (Stay) FPA-PMLA-734/DLI/2014

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Nishi Sarkar

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… Appellant / Applicant

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Versus

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The Deputy Director Directorate of Enforcement, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	: Shri R.D. Tyagi, Advocate
For the Respondent	: Shri N.K. Matta, Advocate
CORAM
SHRI G. C. MISHRA	: ACTING CHAIRMAN

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ORDER 21.08.2020

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The matter is taken up through video conferencing. The appearance

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of the parties/learned counsels are as above.

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MP-PMLA-6982/DLI/2020 (Misc.), MP-PMLA-7489/DLI/2020 (Stay), MP-PMLA-1291/DLI/2014 (Stay) & FPA-PMLA-734/DLI/2014

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The application for interim stay on the eviction notice dated 11.06.2020 is heard. It is submitted by the learned counsel for the appellant that appellant is residing with his family in a small room and that her daughter is studying law and that he has already deposited Rs. 2,00,000/- (Rupees Two Lakhs Only) out of the total monthly rent of Rs. 7,20,000/- (Rupees Seven lakh twenty thousand only) whereas the total proceeds of crime is little more than Rs. 9,00,000/- (Rupees Nine lakhs FPA-PMLA-734/DLI/2014 Page 1 of 3

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only) and that it is proposed by him to deposit the balance amount of proceeds of crime for a settlement.

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Initially, he has agreed to deposit Rs. 1,00,000 (Rupees One Lakh) within four weeks and thereafter he has agreed to deposit Rs. 2,00,000/(Rupees Two Lakhs Only) within four weeks towards outstanding use of occupation charges. It is also agreed that Rs. 2,00,000/- (Rupees Two Lakhs Only) deposited by 30^th September, 2020 and if it is not deposited within stipulated time the interim order would stand vacated. He has also agreed to deposit the monthly rent of Rs. 10,000/- (Rupees Ten thousand only) as directed by this Tribunal vide order dated 19.12.2014.

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In the circumstances, he has prayed for stay of the operation of the eviction notice dated 11.06.2020.

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On the other hand, the learned counsel for the Respondent submitted that the appellant is liable to be evicted from the premises as he has failed to comply the order dated 19.12.2014 passed by this Tribunal and he is not paying the occupation charges since long and that he has alternate accommodation for his family to stay and finally submitted that tribunal may pass appropriate order and the Respondent would abide by the order.

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After hearing both parties it is ordered that the appellant shall deposit a sum of Rs. 2,00,000/- (Rupees Two Lakhs Only) by 30^th September, 2020 with the Enforcement Directorate out of the outstanding amount due and it is also directed that the appellant shall continue depositing Rs. 10,000/- per month towards occupation charges as ordered FPA-PMLA-734/DLI/2014 Page 2 of 3

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by this Tribunal on dated 19.12.2014 w.e.f. August, 2020 onwards. The rent should be deposited in the same way as ordered on the aforesaid date, failure to comply with the above direction, within the stipulated time mentioned above, the interim order would stand vacated.

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The Respondent is directed to keep in abeyance the execution of notice dated 11.06.2020 till the next date.

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List on 01^st October, 2020.

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Interim order to continue till the next date of hearing.

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(G. C. Mishra) Acting Chairman

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New Delhi, 21^st August, 2020

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‘D’

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FPA-PMLA-734/DLI/2014

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FPA-PMLA-734/DLI/2014 of Nishi Sarkar v. The Deputy Director, Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

FPA-PMLA-734/DLI/2014 of Nishi Sarkar v. The Deputy Director, Directorate of Enforcement, Delhi

Case brief

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