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2019 (2) TMI 96

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..... l Court and secondly on deposit, the FDR shall be prepared and shall not be encashed till the final order of PMLA complaint is decided. The contention of ED cannot be accepted on double attachment without prejudice. The surety given by the appellant may be treated as alleged proceed of crime - ED is directed to deposit a sum of ₹ 29,96,055.65/- in the same account within one week from today. In failure to so the attachment shall be treated as released without any further notice with regard to the said amount. The suggestion given on behalf of applicant is allowed. The applicant shall not deal with the said amount till further order of this Tribunal - application disposed off. - MP-PMLA-5245/DLI/2018 (U.H), MP-PMLA-5237/DLI/2018 (Misc .....

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..... held with Mr. Sanjay Gupta. 7. For the purpose of the keeping entries in relation to the of rent clearly identifiable, separate bank account in Axis Bank in the name of appellant was opened. 8. Till October 2010 no amount other than rent was received and deposited in this bank account. However, in the month of November 2010 one cheque of ₹ 12,50,000 Ch No. 904568 date of clearing 08.11.2010 and in the month of December 2010 one cheque of ₹ 10,50,000 Ch No. 905173 date of clearing 03.12.2010 were received. The total of these cheques is ₹ 23 Lacs (Rupees Twenty Three Lacs). 9. The Enforcement Directorate attached a sum of ₹ 23 Lacs (Rupees Twenty Three Lacs) as proceeds of crime and provisionally attached thi .....

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..... Road, Delhi and account no. 000101504254 maintained with ICICI Bank are hereby de-frozen with immediate effect. Necessary intimation be sent to the concerned Banks. Papers be tagged with the main case file and thereafter, be sent back to the record room. 12. It is contention of appellant that since furnished surety in the court, therefore, the surety being in excess to the controversial amount of Rs. Twenty Three Lacs pertaining to this account, thus the appellant seeks suitable directions for release of ₹ 29,96,055.65. 13. Counsel for the appellant submits that the said amount may be deposited by the ED in the same account as ₹ 23 lakhs have already been secured as per order passed by the Special Court and without prej .....

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