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2021 (1) TMI 1331
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....1 2. An urgent application dated 27-1-2021 filed on 28-1-2021 for listing and hearing of the appeal has been filed on the grounds stated therein. 3. Accordingly, the prayer for urgent listing is considered, allowed and disposed of. FPA-PMLA-3884/DLI/2021 & MP-PMLA-8123/DLI/2021 (Stay) 4. Fresh appeal has been filed by the appellant under section 26 of the Prevention of Money Laundering Act, 2002 ('PMLA') against the order dated 19-01-2021 passed by the Adjudicating Authority, New Delhi under PMLA, passed in O.A. No. 404/2021. 5. Upon hearing, issue notice. Mr. Nitesh Rana, learned counsel for the respondent (ED) accepts notice. 6. Along with the appeal the appellant has also filed an application seeking stay of the....
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.... submitted that today there is an order of the Adjudicating Authority on which the appellant is aggrieved. At this stage the appellant is aggrieved on two counts, one is that he has filed an application on 6-1-2021, which was heard and thereafter another application was filed on 18-1-2021 with a request seeking adjudication of the pending application first which have a direct bearing on the issue at stage of the final arguments in the present OA. It is also contended that the appellant have cited the judgment/order dated 21-4-2015 passed by the Hon'ble High Court at Hyderabad in the matter titled as "Directorate of Enforcement v. Appellate Tribunal (PMLA)" W.P. No. 8426 of 2015. On this application also there is no order. While arguing ....
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....l is maintainable therefore, this Appellate Tribunal has ample power under section 35 of the PMLA, 2002 to direct the Adjudicating Authority to decide the applications before proceeding with the case. 10. On the other hand, the learned counsel for the respondent (ED) strongly raised objection and submitted that at the first instance the appeal is not maintainable and that the impugned order herein is not an order and is only a proceeding recorded. The appellant, in the garb of proceedings, not of an order, has filed the present appeal and that the submissions made by the learned counsel for the appellant is without any backing of law. It is further contended by him that the reasons to believe under section 8(1) of the PMLA, 2002 has alre....
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....nal for a direction to the Adjudicating Authority to decide the aforesaid applications before proceeding further. The order dated 19-1-2021 is an order fixing the argument of the O.A. No.404/2020 on 25-1-2021 and the O.A. is further adjourned to 01-2-2021 for argument and that admittedly there is no order on the applications dated 6-1-2021 & 18-01-2021. It appears that the appellant has taken shelter under the garb of the order dated 19-1-2021 to dispose of the applications dated 6-1-2021 & 18-1-2021. Section 26(1) of the PMLA, 2002 provides as below: (1) Save as otherwise provided in sub-section (3), the Director or any person aggrieved by an order made by the Adjudicating Authority under this Act, may prefer an appeal to....
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....nly with a certified copy or copy of the order. Unless written order exists copy of the same cannot be available. According to us the appeal is nonest factum. Therefore we set aside the order of the appellate authority, but at the same time we must address the problem." 15. In the aforesaid case before the Hon'ble High Court at Hyderabad, the fact was that this Appellate Tribunal had entertained the appeal against a non-existent order of Adjudicating Authority which came under challenge before the Hon'ble High Court at Hyderabad and the order of the Appellate Tribunal was set aside and in exercise of the Writ Jurisdiction their Lordships passed the aforesaid order with a direction to the Adjudicating Authority to decide ....