TaxTMI 
TaxTMI 
2019 (9) TMI 938
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....tioned by the learned counsel for the appellant at 11.00 am. on the basis of receipt of notice under section 8(4) of the Act. 2. At 1.00 O‟clock the learned counsel for the appellant has again mentioned the matter and stated that he has taken the consent from Mr. Rana about the listing of the application at 2.30 p.m. 3. The application has taken up at 2.30 p.m, apart from the submission made by the learned counsel for the appellant, the learned Senior Counsel has pointed out that press reporting dated 1st August, 2019 where the factum of notice under section 8(4) has been published in many newspapers. It is stated by the Senior Counsel that Mr. Rana, Advocate appearing on behalf of the respondent has also attributed ....
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....NiteshRana. It is submitted by Mr. AmitMahajan that once the confirmation order is passed, the next step is to take the possession under the provisions of sub-section 4 of Section 8 of the Act. It is submitted by him that unless the strong case is made out, no interim order can be passed. As far as the jurisdiction of this Tribunal to pass the interimorder is concerned, it is not denied by Mr. AmitMahajan that under this Act, this Tribunal has got the power to pass the interim order in the appeal. 4. Section 35 of PMLA provides the procedure and powers of the Appellate Tribunal who shall not be bound by the procedure laid down by Code of Civil Procedure, but shall be guided by the principles of natural justice and subject to the other pr....
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....t. Under Sub-section (1) of the said provision mandates that any stage if the defendant has absconded or left the local limit of the jurisdiction or is about to abscond or leave and has disposed of his property or part thereof in order to obstruct the execution of decree against him, the court under those circumstances may issue warrant to arrest to bring him before court and ask him to furnish security for his appearance. If the defendant fails to furnish security under sub-section 4, under sub-section 5 of Order XXXVIII, Cr.P.C, the court if satisfies may direct the defendant for furnish security for production of property in order not to allow the defendant to obstruct the decree. 7. The language provisions of Section 5 and 8 of PMLA ....
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....cause or reason to issue the aforesaid Notice after 4 months from the date of filing of the appeal, except the untenable contents of the aforesaid notice that the Respondent ED is authorized to take the possession of the said premises under Section 8(4) of the PMLA and the aforesaid notice which amounts to depriving the Appellant of his legitimately acquired property, which has no connection whatsoever with the false predicate case registered by the CBI or the instant proceedings by the ED. 11. It is also stated that, till date, neither a charge-sheet has been filed by the CBI in the alleged predicate offence nor a complaint has been filed by the ED in the proceedings under PMLA. Therefore, issuance of the aforesaid Notice to deprive the....
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....ich are not repeated herein for the sake of brevity. The contents of the captioned appeal and the 1st Stay Application be read as a part and parcel of this application and the same are not repeated for the sake of brevity. 15. Earlier, with regard to movable properties, in other appeal nos. FPAPMLA- 2268/DLI/2018(Karti P. Chidambaram v/s. DoE, Delhi), this Tribunal passed by consent orders dated 28.05.2018, the interim order was passed in MP no. 4405 and 4406/2018. The said appeal is now listed for final hearing. In the present case also, the appeal is coming up for hearing on 4.9.2019. 16. From the record, it appears the following:- a) No charge-sheet has been filed by the CBI. b) No prosecution complaint under PMLA....
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....ed or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed: Provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned in that Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as th....