Tribunals and CommissionsDivision Bench(2019) 01 ATPMLA CK 0008

Gajendra Narayan & Ors vs Deputy Director Directorate Of Enforcement, Patna

Appellate Tribunal Under Prevention Of Money Laundering Act · Decided on 11 January 2019

HON’BLE JUDGES
Manmohan Singh, J · G. C. Mishra, Acting Chairman
CASE NUMBER
MP-PMLA-4722, 4748, 4759, 4765/PTN/2018, FPA-PMLA-2439, 2452, 2453, 2456/PTN/2018

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Judgment

178 paragraphs · 547 words

Sl. No.,Sale Deed,"D e sc ription of

Properties",Value of the Property,"Properties acquired in

the name of

1.,"1 5 5 2 1 dated

15.12.2012","Khata No.-4, Plot

No.-58, Thana No.

565, MauzaRatanua

Circle-Dev, Area-04

Decimal alongwith

construction, Distt.-

Aurangabad","Rs. 14,00,000/- Stamp

-DutyRs. 84,100/-

,Reg. & Other

charges-Rs. 29,629/-

Total-Rs. 15,31,729/-","i. Rajanti Devi (D-3

W/o Sandeep Yadav

(D-1) ii. Gudiya Dev

(D-6) W/o Dhanik Lal

Mandal (D-2)

2.,"1 4 2 3 2 dated

10.10.2013","Khata No.-8, Plot

No.- 128, Thana No.

566, Mauza-Sahpur,

Ward No.-10, Area-

0 5 Decimal, Distt.-

Aurangabad","Rs. 15,00,000/- Stamp

-DutyRs. 1,23,000/-

Reg. & Other

charges-Rs. 32,250/-

Total-Rs. 16,55,250/-","Rajanti Devi (D-3)

W/o Sandeep Yadav

(D-1)

3.,"2 9 1 6 dated

11.03.2015","Khata No. 8, Plot

No.- 128, Thana No

566, Ward No.-10,

MauzaSahpur, Area-

1.82 Decimal, Distt.-

Aurangabad","Rs. 5,40,000/- Stamp

.DutyRs. 44,000/-

Reg. & Other

charges-Rs. 11,775/-

Total-Rs. 5,95,775/-","Rajanti Devi (D-3)

W/o Sandeep Yadav

(D-1)

4.,"5 6 6 1 , dated

12.07.2017","K h a t a No.-222,

Khesra170, Plot No.

170, Thana No.-284

MauzaDumranwan,

CircleBanke Bazaar,

rea-18.75 Decimal,

Distt.-Gaya","Rs. 1,45,000/- Stamp

-Duty8,700/- Reg. &

,Other Charges3,450/-

Total Rs. 1,57,150/-","Dhanik Lal Manda

(D-2) brother of

SandeepYadav (D-1)

5.,"Advance Payments

made Revanta

Multistate CGHS

Limited, Dwarka

New Delhi","Category of Flat 1175,

2BHK, Smar

Residency

,","R s . 10,68,400/-

tagainst Membership

No. SR51196","Gajendra Narayan

(D-7) (son in law of

Sandeep Yadav (D-2)

,,Total,"Rs. 50,08,304/-",

Sl.

No.",Name of Bank,Account Number,"Account

Holder","Available

Balance as on

31.01.2018

(in Rs.)

i.,"Punjab National

Bank, Banke Bazaar,

Gaya",2387000100026310,"Dhanik Lal

Mandal (D-2)","1,722/-

ii,"Punjab National

Bank, Banke Bazaar,

Gaya",2387000100158030,"Gudiya Devi

(D-6)","5,432/-

iii,"Punjab National

Bank, Aurangabad",7975000100011730,"Rahul Kumar

(D-4)","1,25,586/-

iv.,"Punjab National

Bank, Banke Bazaar,

Gaya",2387000100095880,"Gaurav Kumar

(D-5)","1,51,026/-

v.,"Madhya Bihar

Gramin Bank, Banke

Bazaar, Gaya",72160100130546,"Dhanik Lal

Mandal (D-2)","69,479/-

vi,"Madhya Bihar

Gramin Bank, Banke

Bazaar, Gaya",72160100171862,"Gudiya Devi

(D-6)","1,40,271/-

vii,"Madhya Bihar

Gramin Bank,

Khiriyawan,

Aurangabad",711101100077874,"Gajendra

Narayan (D- 7)","1,09,535/-

viii,"HDFC, Gagan Vihar,

New Delhi",50100132091399,"Gajendra

Narayan (D-7)","92,265/-

ix,"Canara Bank,

Aurangabad",3135108005475,"Gaurav Kumar

(D-5)","1,48,893/-

x,"Bank of India,

Aurangabad",459110110004843,"Rajanti Kumari

(D-3)","1,03,278/-

xi,"Syndicate Bank,

Aurangabad",74162010003285,"Rajanti Kumari

(D-3)",159/-

xii,"Axis Bank,

Aurangabad",914010049104661,"Rajanti Kumari

(D-3)","3,76,648/-

,,,Total,"Rs. 13,24,294/-

Appeal No.,Appellants,Property,"Value as per in

Rs.",Remarks

4765/2018,"Rajanti Devi

(appellant No.1)","Immovable property

bearing Khata No. 4,

Plot No. 58,

Thana No. 565,

Mauza Ratauna,

Circel Dev, District

Aurangabad, Bihar,

measuring 04

decimal, valued at

(residential)","15,31,729/-","It is the residential

property being used

as

residence of Rajanti

Devi

and her

family.

This property is co

owned by Gudiya

Devi. Appellant in

appeal No.

4759/2018

4765/2018,"Rahul Kumar

(Appellant

No.2)","Honda Motorcycle

No.

BR 26J 6006","1,40,341/-","Presently valued at

Rs.1,00,000/-

4765/2018,"Rahul Kumar

(Appellant

No.2)","Yamaha Motorcycle

No.

JH 01 CE 42230","96,390/-","Presently valued at

Rs.65,000/-

4748/2018,"Dhanik Lal

Mandal","Tractor No. BR 02

GA 109","6,33,457/-","Already seized

Presently valued at

Rs.2,50,000/-

4748/2018,"Dhanik Lal

Mandal","Passion Pro

Motorcycle No. BR

26F 5880","58,000/-","Presently

valued at

Rs.20,000/-

4748/2018,"Dhanik Lal

Mandal","Maruti Brezza

No. JH 09AH 9713","10,69,173/-","Financed by

financial institution

respondent.,,,,

13.

With regard to immovable property is concerned where the appellant Smt. Rajanti Devi and her family members are residing, the value of the said",,,,

property as per respondent is Rs.15,31,729/-. We direct that Smt. Rajanti Devi shall deposit a sum of Rs.3,000/- (Rupees three thousand only) as use",,,,

and accommodation charges every month on 7th day of calendar month with the respondent. As far as arrears from the date of impugned order i.e.,,,,

from July to December, 2018 is concerned, the same shall be deposited by the appellant within eight weeks from today.",,,,

14.

The properties which are attached are accordingly released forthwith.,,,,