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TMI Blog2019 (5) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of additional Taxiway, Extension of Runway and allied works at Varanasi Airport‟ was awarded to M/s. Brite-Aricon (Consortium) [a joint venture of two companies, namely M/s. B.R. Arora & Associates Pvt. Ltd. and M/s. Aricon Developers Pvt. Ltd.]. 3. It is alleged on behalf of the appellant that the work was executed to satisfaction of Airport Authority of India (for short AAI) and completed on 20.08.2010. Copy of Performance Certificate dt 11.12.2010 for satisfactory completion was issued by AAI. The same is placed on record. 4. After about one year after completion of aforesaid work, the CBI, ACB, Lucknow registered an FIR dated 15.07.2011 alleging that during execution of above work AAI suffered loss of Rs. 25,74,865/- due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Respondent, the work was completed as per specification and satisfactory, and there was no noticeable defects expect a few given in the Annexure. Subsequent Performance Certificate issue on 11.12.2010 reinforces the possession of the satisfactory execution of the work". 11. The Sole Arbitrator after going through the facts, arguments and documents placed before the AT passed an award dated 09.05.2016 allowing compensation of more than Rs. 4.50 Crore plus interest, in respect of claims made by the Contractor - M/s. . Brite-Aricon (Consortium). Relevant portion from the arbitral award are extracted hereunder for ready reference: - "Further, as per the observations of Manager Engg. AAI recorded on 22.03.2011 of pg 5 of the EOT case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under:- (i) Shri Bhupender Singh (ii) Shri Giriraj Sharma (iii) Shri Dilip Kumar (iv) Shri Jonas Lal Marandi (v) Shri Prabhat Chand Gopalan 14. It has come on record that AAI used to make payments on the basis of measurement and that cement, bitumen and recron were delivered and brought to site for execution of above work is also proved from the statements of AAI officials Sh. Jonas Lal Marandi, Sh. A.C. Srivastava and Sh. H.C. Pant recoded by the Directorate under section 50 of the PML Act, 2002. 15. It is the case of the appellant that during course of inquiry under the Act, relevant documents were submitted to prove that the appellant neither received nor laundered the alleged POC of Rs. 93,63,712/-, however both authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority, the appellant had submitted that the property has been attached against the alleged POC of Rs. 93,63,712/- as the said amount was not available in the bank account of M/s. Brite-Aricon (Consortium) and since no property is found in the name of M/s. Brite-Aricon (Consortium) therefore the property of appellant is attached in lieu of equivalent value of POC of Rs. 93,63,712/-. 20. The said findings are wholly without application of mind. No material is placed on record on behalf of respondent if any investigation in this is done. How can the property worth Rupees Fifty Crores is attached against the proceed of crime of Rs. 93,63,712/- (more than the amount which was also secured with the CBI Court) allegations. The arbitrator has foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not considered/ taken in to account. 24. The appellant has produced documents to show that the residential property situated at 144, Golf Links, New Delhi was acquired by the appellant way back in the year 1993, i.e. much prior to the award of contract by AAI. 25. The property under attachment was purchased by the appellant on 30.09.1993 whereas the POC was allegedly generated between the year 2008-2010. As such the property under attachment is not "Proceed of Crime‟ which is now not denied on behalf of the respondent. Counsel for the respondent has supported both order. It is argued by him that the said property was attached equivalent to value thereof. This tribunal does not agree with the argument of the learned counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o secure the same amount of alleged proceed of crime with every agency. It has to be secured at one place. Incase courts grant the permission, the possession of proceed of crime can be retained by ED after such order is passed. 30. The alleged POC of Rs. 93,63,712/-, is already secured with the CBI court, in the form of FDRs. The total amount is secured is Rs. 1.24 Crore. The appellant alone has secured Rs. 64 Lakhs while the balance 60 Lakhs has been secured by the other six accused pursuant to the bail orders passed by the High Court of Judicature at Allahabad. The appellant has also filed an additional affidavit on 25.10.2018 in this regard. 31. The said deposit of Rs. 64 Lakh has been deposited by the appellant in addition to the sure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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