AI Structured Summary
Not yet generated for this judgment
Judgment
Rent Collected,Deposited with ED,"Paid EMI For loan
availed
Rs.55,000/-","Rs.15,000/-","Rs.2,52,269/-
The appellants/non-petitioners have filed copy of unregistered rental agreement dated 01.11.2016 executed between Mr. S. Shankarnarayanan and,,
Mrs. V.Yamini W/o Mr. K. Vishnu in respect of Apartment No. CCE-151, (Fifteenth floor), E â€" Block, DLF Commander’s Court No.49 (Old",,
No.22), Ethiraj Salai, Egmore, Chennai 600 008 with built up area about 1706 sq. ft and 1 covered car parking spot (Parking Spot basement 2. No: PB-",,
E-218).,,
The appellants/non-petitioners have also filed copy of unregistered rental agreement dated 01.04.2017 executed between Mrs. S.Poonguzhali W/o,,
Mr.P.K.M. Selvam and M/s. Karthikeya Trading Private Limited in respect of Apartment No. CCE-141, (Fifteenth floor), E â€" Block, DLF",,
Commander’s Court No.49 (Old No.22), Ethiraj Salai, Egmore, Chennai 600 008 with built up area about 1706 sq. ft. and 1 covered car parking",,
spot (Parking Spot No: PB-E-319).,,
As it appears from the above the review application filed by the respondent/petitioner is with regards to only two properties as described above. It is,,
seen from the interim order dated 19.06.2017 that after hearing both the parties an interim order was passed in which the appellants were asked to,,
deposit Rs.15,000/- (Rupees Fifteen Thousand only) per month as user charges for each of the five properties mentioned in the order. Thereafter, the",,
Tribunal went on to pass the direction that no coercive action shall be taken in view of the notice issued on 09.06.2017 under Section 8(4) of the PML,,
Act. It was clearly mentioned in Para 9 of the said order dt.19.06.2017 that the aforesaid arrangement is purely interim and is subject to the,,
verification regarding the rent, etc. In Para no.10 of the said order, the appellants/non-petitioners were directed to file the affidavit alongwith the",,
copies of the rent deed/lease deed, if executed. In Para no.8 of the order dated 19.06.2017, liberty was granted to the petitioner/respondent to verify",,
the position of the properties, rent, etc. and inform the correct position. The petitioner/respondent was also given liberty to file an affidavit in that",,
regard.,,
Vide order dated 03.11.2017, this Tribunal again directed the non-petitioners/appellants to file the copy of the rent deed/lease deed within two",,
weeks and liberty was granted to the learned counsel for the petitioner/respondent to move for modification of the interim order. However, it is seen",,
from the record that the affidavit sworn by the appellant Mr. S. Shankarnarayanan alongwith the copy of the rent agreement dated 01.11.2016 and the,,
affidavit sworn by the appellant Mr. P.K.M. Selvam alongwith the copy of the rent agreement dated 01.04.2017, were filed in the Tribunal on",,
24.07.2017 and 25.07.2017 respectively. The property of Mr. S. Shankarnarayanan has been rented out for a sum of Rs.55,000/- (Rupees Fifty Five",,
Thousand only) per month and a security deposit of Rs.3,00,000/- (Rupees Three Lacs only) was taken from the tenant. Whereas in the case of the",,
property of Mrs. S.Poonguzhali W/of Mr. P.K.M. Selvam, the property was rented out for a sum of Rs.65,000/- (Rupees Sixty Five Thousand only)",,
per month and as security deposit of Rs.3,00,000/- (Rupees Three Lacs only) was taken from the tenant.",,
It appears from the records that neither in the stay applications nor in the appeal memo there is any specific mention about the renting out of the,,
aforesaid two properties to Mrs. V. Yamini and M/s. Karthikeya Trading Private Limited. Rather, it is mentioned in the order dated 19.06.2017 that",,
the learned counsel for the appellants made statement that the properties at Serial No.1 & 5, have been rented out. As per the list of properties",,
reflected in the said order, the properties at Serial No.1 & 5 are different from the aforesaid two properties.",,
There is a clear admission by the appellants Mr. S. Shankarnarayanan and Mr. P.K.M. Selvam through their affidavits and their rent agreements,,
that they were/have been getting Rs.55,000/- & Rs.65,000/- per month as rents from the said house properties. That means the rental value of the said",,
properties are Rs.55,000/- & Rs.65,000/- per month.",,
That after filing of the petition for review of the order dated 19.06.2017 by the petitioner/respondent, the non-petitioners/appellants filed another",,
affidavit on dated 01.05.2018 stating that the property which was rented out for Rs.65,000/- has been vacated by the tenant and the refundable",,
security deposit of Rs.3,00,000/- was adjusted against the last four months rent. The date of vacation has not been mentioned nor has the period",,
against which the security deposit has been adjusted been revealed. It has been stated in the affidavit filed on dated 11.10.2019 that the daughter of,,
Mr. P.K.M. Selvam has shifted over there with family as her husband has taken up a posting in Chennai. No proof has been filed that the daughter of,,
Mr. P.K.M. Selvam is staying in Apartment No. CCE-141, (Fifteenth floor), E â€" Block, DLF Commander’s Court No.49 (Old No.22), Ethiraj",,
Salai, Egmore, Chennai 600 008. During the course of hearing, the learned counsel for the appellant/non-petitioner submitted that her husband is an",,
IAS Officer and has been transferred to Chennai. The details of the posting, date of shifting of family, etc. have not been provided.",,
Heard both sides. Considered the materials available on record. On 19.06.2017, interim order was passed keeping in view the urgency of the",,
matter in view of the notice issued under Section 8(4) of the PMLA. Liberty was granted to the petitioner/respondent to verify the position of the,,
properties and may move for modification of the interim order. The appellants were also directed to file affidavit alongwith copies of the rent deed. As,,
an interim measure the non-petitioners/appellants were directed to deposit Rs.15,000/- each month as user charges for each of the five properties",,
mentioned in the order and the petitioner/respondent was directed not to take any coercive action in view of the notice dated 09.06.2017 issued under,,
Section 8(4).,,
The petitioner/respondent has filed the review application only with respect to two properties mentioned below:,,
(i) Residential Flat viz., Flat No.CCE-151, DLF Commanders Court, Ethiraj Salai, Chennai 600 008.",,
(ii) Residential Flat viz., Flat No.CCE-141, DLF Commanders Court, Ethiraj Salai, Chennai 600 008.",,
The first property is owned by Mr. S. Shankarnarayanan, the appellant in appeal no.FPA-PMLA-1814/CHN/2017 and is receiving a sum of",,
Rs.55,000/- as rent per month from the tenant. Whereas, the second property is owned by Mrs. Poonguzhali, wife of Mr. P.K.M. Selvam the",,
appellant in appeal no.FPA-PMLA-1817/CHN/2017 and was receiving a sum of Rs.65,000/- as rent per month from the tenant. The aforesaid two",,
appellants executed the rent agreements on 01.11.2016 and 01.04.2017 respectively. Both the agreements were prior to passing of the interim order,,
dated 19.06.2017 but they did not reveal the aforesaid facts of renting out the properties, execution of rent agreements, the amount of rent received",,
and the parties to whom the properties have been rented out. I have considered the pleadings of both the parties including the EMI paid by the,,
appellants. No documents have been produced by these two appellants regarding the borrowing of loans by mortgaging these two properties. The,,
appellants to bear the cost of EMI, if any, to be paid to the concerned Banks from whom they stated to have borrowed the loans. No affidavits has",,
been filed by Smt. Poonguzhali, who is the owner of the property at serial no.(ii) above in Para no12.",,
Since, the liberty was granted to the petitioner/respondent on 19.06.2017 as well as on 03.11.2017 for filing of the modification of interim order, so",,
the present application has been filed. The property at serial no.(i) in Para no.12 above have been rented out on the basis of unregistered rent,,
agreement. As per Rule 5(3) of the Prevention of Money-Laundering (Taking Possession of Attached or Frozen Properties Confirmed by the,,
Adjudicating Authority) Rules, 2013, without prejudice, the appellant Mr. S. Shankarnarayanan is directed to deposit a sum of Rs.55,000/- per month",,
with the respondent w.e.f. the date of confirmation of Provisional Attachment Order after deducting the amount already paid in terms of the interim,,
order dated 19.06.2017. The appellant Mr. S. Shankarnarayanan is allowed eight weeks time to pay the arrears from the date of confirmation order till,,
31.12.2019. The current and future rents shall be deposited by the appellant Mr. S. Shankarnarayanan before 7th of next month.,,
The property at serial no.(ii) in Para no.12 above was rented out on the basis of unregistered rent agreement. Admittedly Mrs. Poonguzhali,",,
appellant in appeal no.FPA-PMLA-1817/CHN/2017 is the owner of the aforesaid property. She had executed the unregistered rent agreement on,,
01.04.2017. According to the said agreement, she was getting Rs. 65,000/- as rent per month from the tenant. She has not filed any affidavit though an",,
affidavit has been filed by another appellant namely Mr. P.K.M. Selvam, who is her husband and appellant in appeal no. FPA-PMLA-",,
1816/CHN/2017 stating that the tenant has vacated the aforesaid property. The affidavit does not say as when the property has been vacated. The,,
affidavit also does not reveal as to when the daughter of the appellant has shifted. No proof has been provided regarding the posting of the husband of,,
the appellant’s daughter at Chennai. However, it is clear from the pleadings of the non-petitioner/appellant that the rental value of the aforesaid",,
property is Rs.65,000/- per month. This fact was not revealed by the appellants when the matter was heard by this Tribunal on 19.06.2017, even",,
though the property at serial no.(ii) was given on rent w.e.f. 01.04.2017.,,
In the light of the admission of the rental value of the said property per month, without prejudice, the appellant Smt. Poonguzhali is directed to",,
deposit a sum of Rs.65,000/- per month with the respondent w.e.f. the date of confirmation of Provisional Attachment Order as user and occupation",,
charges after deducting the amount already paid in terms of the interim order dated 19.06.2017. The appellant Smt. Poonguzhali is allowed eight,,
weeks time to pay the arrears from the date of confirmation order. The current and future rents shall be deposited by the appellant Smt. Poonguzhali,,
before 7th of next month.,,
Subject to above, the respondent shall not take any coercive action in view of the notice issued on 09.06.2017 under Section 8(4) of PMLA, 2002.",,
Accordingly the application filed by the petitioner/respondent is allowed and interim order dated 19.06.2017 is modified in the aforesaid terms. This,,
order shall remain in force till further order.,,
FPA-PMLA-1813-1817/CHN/2017,,
List these appeals on the date already fixed for hearing i.e. on 29th July, 2020.",,
Copy of the order be given ‘dasti’ to both the parties.,,