Tribunals and CommissionsSingle Bench(2020) 01 ATPMLA CK 0004

Central Bank Of India vs Deputy Director, Directorate Of Enforcement, Mumbai & Ors

Appellate Tribunal Under Prevention Of Money Laundering Act · Decided on 6 January 2020

HON’BLE JUDGES
G. C. Mishra, Acting Chairman
CASE NUMBER
MP-PMLA-6641, 6640, 6639, 6647, 6648, 6649, 6760, 6761, 6762/MUM/2019, FPA-PMLA-3328, 3335, 3381/MUM/2019

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Judgment

16 paragraphs · 238 words

G. C. Mishra, Acting Chairman

FPA-PMLA-3335/MUM/2019, FPA-PMLA-3328/MUM/2019 & FPA-PMLA-3381/MUM/2019

Fresh appeals have been filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the common order dated 05.08.2019 passed

in O.C. No. 1104 of 2019 by the Adjudicating Authority. Alongwith the appeals, applications for condonation of delay have also been filed in appeal

no(s). FPA-PMLA-3335/MUM/2019, FPA-PMLA-3328/MUM/2019 & FPA-PMLA-3381/MUM/2019. Learned counsel for the respondent is

seeking four weeks time to file the replies to the applications for condonation of delay and the same is allowed. The respondent is directed to file

replies within four weeks with an advance copy to be served on the other side.

List on 13th February, 2020.

The properties involved in these appeals are mortgaged with the banks and they are apprehending that the Enforcement Directorate will take

possession of those properties, if the status quo order is not granted. These appeals have been filed beyond the period of limitation with delay of about

50 days/90 days.

Learned counsel for the respondent has strongly opposed for the same. At this stage, without the delay applications being decided, no interim

protection be given in the present appeals.

However, considering the situation involved in the present appeals the learned counsel is asked to inform the ED not to take any coercive action till the

next date of hearing. This is without prejudice to the outcome of the delay applications.

List on 13th February, 2020.