Home Case Index All Cases Money Laundering Money Laundering + AT Money Laundering - 2019 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 1252 - AT - Money LaunderingStay of operation of impugned order - validity of notice issued under Section 8(4) of PMLA, 2002 - case of the respondent that Sri Watali, has purchased the property in question in the name of his wife Mrs. Sarwa Zahoor. He has paid the consideration amount. Since the payment has come from him, even though the property is in the name of Mrs. Sarwa Zahoor, so the property has been attached as a value equivalent to proceeds of crime. Therefore, the appellants don’t have a prima facie case for stay. HELD THAT:- In substance there is no difference between the language used in the format and in the notice - there are no irregularity or illegality in the common notice issued under Section 8(4) of PMLA, 2002 to the appellants. It is in accordance with the provisions of Section 8(4) r/w relevant rules. Whether the appellants are entitled to any relief at this stage depends upon, whether the appellants have prima facie case for the purpose of stay, whether the balance of convenience lies in favour of granting stay, whether there will be irreparable injury which can’t be compensated in terms of money if stay is not granted. The respondent could not produce any independent document rebutting the documents of appellants with regards to non-residing of Dr. Yawar Zahoor Watali, s/o the appellants in the given address of the property in question. Dr. Yawar is working as a medical doctor at Aakash Hospital, Dwarka, New Delhi. The Electricity Bill shows there are consumption of electricity. In the absence of any contrary evidence, it is concluded that the appellant’s son is residing in the said address and if the physical possession of the floor in which Dr. Yawar is taken by the respondent than the appellant’s son and his family would suffer irreparable loss which can’t be compensated in terms of money. Status quo shall be maintained by both parties as on today with respect of the floor occupied by the son & his family of the appellants. No coercive action shall be taken in view of notice issued under Section 8(4) of PMLA, 2002 with respect to the first floor till the next date of hearing - The appellants shall deposit a sum of ₹ 10,000/- received from the tenant residing in the ground floor from the date of impugned order till further orders - The attachment of property in question shall continue.. List the matters on 12th February, 2020, the date already fixed.
|