2026 (3) TMI 1317

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....matha Nath Manna and FPA-PMLA-1560/KOL/2024 filed by M/s Temp Store, against the Order dated 18.09.2018 (Impugned Order) passed by the Ld. Adjudicating Authority (AA) under the Prevention of Money Laundering Act, 2002 (PMLA) in the Original Complaint No. 948/2018 (OC). The Provisional Attachment Order F. No. KLZO/07/2015/AD(TB)/49 dated 28.03.2018 (PAO) issued in ECIR No. ECIR/KLZO/07/2015 dated 27.04.2015 was confirmed vide the Impugned Order. 2. Ld. Counsel for the Appellant submitted that a Complaint dated 07.08.2014 was made by Shri Arun Kumar Chakorbarty of MPSGDL Investors Association against M/s. MPS Greenery Developers Ltd., for not paying MIS, Maturity, Debt claim etc. FIRs were registered against Shri Pramatha Nath Manna, Manag....

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....r: "The Provisional Attachment of the property was caused after recording an ECIR in reference to the FIR No. 132/2014 dated 01.04.2014 registered against the Appellant for an offence under Section 406, 417, 420 and 120B of IPC. Another FIR was registered on 17.04.2014 for same and similar offence. It was primarily against Shri Pramatha Nath Manna, Managing Director of MPS Greenery Developers Ltd. for non-payment of MPS since May, 2014 and non-payment of death claim and even the emergency redemption etc., and thereby the innocent investors were cheated with false assurance and commitment and thereby the breach of trust. Many other FIR's were thereafter registered followed by recording of ECIR and to protect the money of the victim,....

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....o settle the dues in favour of the investors, we close the file with a clarification that if due amount of the investors is settled by the concerned agency, it can take appropriate course for release of the property and in that case this order would not come in their way and with the aforesaid the Appeals are disposed of." 4. Ld. Counsel for the Respondent had no objection if the two Appeals are accordingly disposed of. 5. On perusal of record, we find that the attachment of the impugned property in the name of the Appellant M/s Temp Store has been confirmed in the Impugned Order, on the grounds that the proceeds of crime generated by MPS Greenery Developers Ltd. was routed through Shri Bhola Nath Das to purchase the impugned property....

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....2010 adjacent to Ratulia Filing Station from Smt. Sadhana Sasmal, on consideration of Rs. 24,00,000/-. Thereafter, on the very next day, i.e. on 12.10.2010, as requested by Sh. Pramatha Nath Manna, the said land was transferred by way of Sale Deed in the name of Temp Store of Sh. Pramatha Nath Manna and his family members on consideration of Rs. 28,70,320/-. As per request of Sh. Manna, the said amount of Rs. 28,70,320/- plus stamp duty of Rs. 23,230/ totaling to Rs. 28,93,550/- was adjusted from the account (Rs. 3,16,47,685/-) received from Sh. Manna. He submitted the copies of Deeds. The contention of the Defendant 2 (Shri Pramatha Nath Manna) and Defendant 3 (M/s Temp Store) contrary thereto is totally misconceived and misleading. The En....