TMI Blog2019 (9) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... peal is accordingly dispose of. The attachment of the properties shall continue till the entire payment of alleged proceeds is received by the respondent. - MP-PMLA-6212/KOL/2019 (Misc.), MP-PMLA-6077/KOL/2019 (COD), MP-PMLA-6056/KOL/2019 (Stay), FPA-PMLA-3049/KOL/2019 - - - Dated:- 16-9-2019 - Justice Manmohan Singh Chairman For the Appellant : Shri Farooq Razack, Sr. Advocate, Shri Shubail Farook, Advocate, Shri Manoj Malhotra, Advocate, Shri Hiren Dasan, Advocate For the Respondent : Shri Vikas Garg, Advocate JUDGMENT FPA-PMLA-3049/KOL/2019 1. The appellant has filed the appeal against the order dated 14.03.2019 passed in OC 1047 of 2018 by the Adjudicating Authority, PMLA, New Delhi. Various movable and immovable properties, as described in the impugned order which were provisionally attached by order dated 01.10.2018 have been directed to be confirmed. 2. The immovable property being super built up office space measuring 28240 sq ft in the 24th floor of premises being 10, East Topsia Road, Kolkata 700046 along with 38 car parking space which had been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt show cause was issued to the appellant. 8. It has been further alleged in the complaint and show cause notice that the appellant Srawan Kumar Himatsingka, in his further statement dated 07.07.2017, had, inter alia, stated that Rs,1,00,00,000/- (Rupees One Crore only) had already been deposited in their account no. 2012182460 maintained with Kotak Mahindra Bank Limited, Apeejay House, 15, Park Street, Kolkata 700016 and the balance amount of ₹ 15,41,94,529/- would be deposited in that account. 9. The appellant in his further statement dated 08.02.2018, had inter alia, admitted receipt of the amount of ₹ 16,41,94,529/- from M/s. Real Estate and Land Bank India Limited and again prayed for some more time to deposit the balance amount. However, no further deposit had been made on behalf of M/s. Ideal Unique Realtors Private Limited inspite of lapse of a considerable time and it appears that reasonable efforts have not been made by the appellant herein for depositing the balance amount. 10. The amount of ₹ 16,41,94,529/- paid by M/s. Real Estate and Land Bank India Limited for purchase of office space of 28240 sq. f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant had entered into a lawful agreement with M/s. Real Estate and Land Bank India Limited for sale of super built up office space measuring 28240 sq ft in the 24th floor of premises being 10, East Topsia Road, Kolkata 700046 alongwith 38 car parking space. The total value of the agreement was ₹ 41,17,95,745/-. M/s. Real Estate and Land Bank India Limited only deposited an amount of ₹ 16,41,32,384/- out of the total agreed amount of ₹ 41,17,95,745/-. Despite repeated reminders, M/s. Real Estate and Land Bank India Limited failed to deposit the balance amount of ₹ 24,76,63,361/-, and as such, the appellant was forced to terminate the agreement for sale dated 26.12.2012 and was entitled to appropriate the sums received by way of advance as per law. However, on coming to learn that the money acquired by Rose Valley Group of Companies was by way of ponzi scheme by duping common people, the appellant s Chairman being a respectable citizen voluntarily agreed to deposit a sum of ₹ 16,41,94,529/- with the Enforcement Directorate and to prove his bona fide had already deposited a sum of ₹ 1 crore lying in his bank account maintained in Kotak Mahindra Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.09.2019 187251 Bank of India, J.L. Nehru Road, Kolkata 2,00,00,000.00 09.10.2019 187252 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 09.11.2019 187253 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 09.12.2019 187254 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 09.01.2020 187255 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 09.02.2020 187256 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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