Disposed

FPA-PMLA-2730/AHD/2018 of Shri Sumit Suresh Bhatnagar v. The Deputy Director Directorate of Enforcement, Ahmedabad

ATFP22 Feb 2021FPA-PMLA-2730/AHD/2018

Case brief

AI extract

What is this about?

In two appeals under the PMLA regarding freezing orders, the Tribunal directed the respondent to restrain physical possession of specific vehicles listed by the appellants until a valuation report and further instructions were obtained. The appellants were directed not to part with the vehicles, while the respondent must not take possession. The case was listed for further hearing.

What did the court decide?

Restraint on physical possession of vehicles by the respondent pending valuation report and further instructions; appellants directed not to part with vehicles or mortgage them.

FPA-PMLA-2730/AHD/2018 of Shri Sumit Suresh Bhatnagar Vs. The… — Narcotics (NDPS) | ATFP (2021)

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

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1. MP-PMLA-8150/AHD/2021 (E.H.) MP-PMLA-8151/AHD/2021 (Stay) FPA-PMLA-2728/AHD/2018

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Shri Suresh Narain Bhatnagar

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… Appellant

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2. MP-PMLA-8152/AHD/2021 (E.H.) MP-PMLA-8153/AHD/2021 (Stay) FPA-PMLA-2730/AHD/2018 Shri Sumit Suresh Bhatnagar … Appellant Versus

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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 Appellant	: Mr.Virat G. Popat, Advocate
For the Respondent	: Mr. Atul Tripathi, Advocate
CORAM
SHRI G.C. MISHRA	: ACTING CHAIRMAN
	ORDER 22.02.2021

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The matters are taken up through video conferencing. The appearances

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of the learned counsels are as above.

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MP-PMLA-8150 /AHD/2021 (E.H.) in FPA-PMLA-2728/AHD/2018 & MP-PMLA-8152/AHD/2021 (E.H.) in FPA-PMLA-2730/AHD/2018

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The present applications have been filed by the applicants/appellants

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for early hearing of above mentioned appeals and connected misc. applications, on the grounds stated therein.

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Considering the grounds mentioned in the applications, the same are allowed by taking up the stay application today. The early hearing applications are accordingly disposed of.

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FPA-PMLA-2728 &2730/AHD/2018

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Page 1 of 3

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MP-PMLA-8151 /AHD/2021 (Stay) in FPA-PMLA-2728/AHD/2018 & MP-PMLA-8153/AHD/2021 (Stay) in FPA-PMLA-2730/AHD/2018

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The present applications have been filed by the applicants/appellants to restrain the respondent(ED) from taking actual physical possession of vehicles bearing registration numbers GJ-06-EQ-9551, GJ-06-CM-9551 and GJ-06-DQ-9515 belonging to the appellant Sh. Suresh Narain Bhatnagar and GJ-06-EQ-1947 belonging to the appellant Sh. Sumit Suresh Bhatnagar, on the grounds stated therein.

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Upon hearing, issue notice in the applications. Mr. Atul Tripathi, ld. counsel for the respondent accepts the notice and seeks four weeks time to file the reply, which is not objected. Let the same be filed within four weeks with an advance copy to the other side.

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During the course of hearing, the ld. counsel for the appellant submitted that the appellants have received oral directions to hand over the physical possession of the aforesaid vehicles. It is admitted by him that no notices have been served on the appellants regarding handing over the physical possession of the aforesaid vehicles. It further submitted by him that on the date of serving of the possession notice the vehicles would be taken away by the respondent and that the impugned order of retention/freezing order is dated 24.09.2018 and the aforesaid vehicles are still in the possession of the appellants and no notice has been issued by the respondent till date. It is submitted by the ld. counsel for the appellants that the appellants are ready to provide bond/personal guarantee to the extent of the value of the aforesaid vehicles and the appellants may be allowed to keep the possession of the aforesaid vehicles.

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On the other hand, the ld. counsel for the respondent submitted that as per the prescribed rules the appellants should deposit the value of vehicles and seeks time to take appropriate instruction in this regard. FPA-PMLA-2728 &2730/AHD/2018 Page 2 of 3

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Page 2 of 3

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Heard both sides. The respondent is directed to obtain valuation report of the cars from the Motor Licensing Authority or any other Authority and file the same along with the reply to the applications. The appellants are also directed to file the copy of the insurance papers of the aforesaid vehicles. The ld. counsel for the respondent is directed to take instruction of the respondent regarding the offer made by the appellants on furnishing of bond/personal guarantee of the appellants.

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The respondent is directed not to take the physical possession of the aforesaid vehicles till the next date of hearing. The appellants are directed not to part with the aforesaid vehicles in any manner. The appellant shall not mortgaged or create any third party rights over the same. The symbolic and legal possession of the aforesaid vehicles shall remain with the respondent.

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The respondent is directed that in the event any possession notices are issued to the appellants for taking the physical possession of the aforesaid vehicles then a copy of the same be sent to the ld. counsel for the appellants, who may press for appropriate relief which shall be considered in accordance with law.

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With the consent of both the parties, list the matter on 8^th April, 2021. The date fixed in the appeal and applications vide Tribunal’s Office Order dated 31.12.2020 i.e. 2^nd March, 2021 is cancelled.

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(G.C. Mishra) Acting Chairman

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New Delhi, 22^nd February, 2021. s

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FPA-PMLA-2728 &2730/AHD/2018

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FPA-PMLA-2730/AHD/2018 of Shri Sumit Suresh Bhatnagar v. The Deputy Director Directorate of Enforcement, Ahmedabad

Case brief

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FPA-PMLA-2730/AHD/2018 of Shri Sumit Suresh Bhatnagar v. The Deputy Director Directorate of Enforcement, Ahmedabad

Case brief

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