TMI Blog2019 (8) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... ready and willing to secure the interest of Enforcement Directorate by Fixed Deposit Receipt of any Nationalized Bank equivalent to an amount with the respondent by way of F.D. No doubt, this tribunal has allowed the similar prayer in number of appeals and even in few appeals, the respondent has given his consent. - MP-PMLA-4952/AHD/2018 (Misc.) FPA-PMLA-821/AHD/2015, MP-PMLA-4955/AHD/2018 (Misc.) FPA-PMLA-1048/AHD/2015 - - - Dated:- 28-8-2019 - Justice Manmohan Singh Chairman For the Appellants : Shri Chetan K. Pandya, Advocate, Shri K. D. Pandya, Advocate, Shri Maulik Vakhariya, Advocate And Shri Bhavesh J. Koidiya, Advocate For the Respondent : Shri Atul Tripathi, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and M/s. Aalay Developers, Mumbai. He was also found to have transferred ₹ 30,00,000/- to Shri Abdul Karim Jaka on 24.03.2014. 26. Shri Ahmed Mohamed Hasanfatta, the younger of the three brothers has been found to have an account bearing number 364101010011162 with the Union Bank of India, Nanpura, Surat. The following is the transactions made from his account, date wise: a. He was found to have received funds from his two elder brothers Shri Jafar Mohamed Hasanfatta and Shri Afroz Mohamed Hasanfatta and made investments with M/s. Muskan Realities on 15/01/2014. b. On 05/03/2014, he received ₹ 50,00,000/- from Shri Jafar Mohamed Hasanfatta and transferred ₹ 25,00,000/- to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in cash to the Surat Municipal Corporation i.e. total ₹ 1,01,22,325/- as shown in paragraph 26 of Original Complaint No. 488 of 2015. (d) Therefore, the alleged Proceeds of Crime was used for making payment to the Surat Municipal Corporation towards land development charges. In other words, alleged Proceeds of Crime is in possession of Surat Municipal Corporation. It is alleged on behalf of the appellant that the appellant did not receive Proceeds of Crime or paid to the Surat Municipal Corporation and the amount was received from his mother and elder brother. (e ) The Deputy Director, Directorate of Enforcement Ahmedabad by an order dated 31/03/2015 by Provisional Attachment Order No. 4 of 2015 attached ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant is that the appellant did not receive Proceeds of Crime or paid to the Fancy Builders Pvt. Ltd. and the amount was received from his elder brother. (iv) The Deputy Director, Directorate of Enforcement Ahmedabad by an order dated 17/07/2014 by Provisional Attachment Order No. 1 of 2014 attached the entire flat instead of attaching alleged Proceeds of Crime from the Fancy Builders Pvt. Ltd. (v) The Deputy Director filed Original Complaint No. 343 of 2014 for confirmation of Provisional Attachment Order No. 1 of 2014. The Original Complaint No. 343 of 2014 was allowed by an order dated 07/11/2014 by the Adjudicating Authority, New Delhi. (vi) The appellant was shown as an Accused No. 5 in PM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Act, 2002, so that the property cannot be laundered further, which is derived or obtained as a result of criminal activity. In other words, to recover the Proceeds of Crime from the person alleged to have holding the same. 9. Without prejudice to the rights and contention of the appellant, the appellant is ready and willing to secure the interest of Enforcement Directorate by Fixed Deposit Receipt of any Nationalized Bank equivalent to an amount with the respondent by way of F.D. 10. No doubt, this tribunal has allowed the similar prayer in number of appeals and even in few appeals, the respondent has given his consent. 11. Since the Special Leave Petition (Criminal) No.9427 of 2018 filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
