Jasdeep Singh Goraya vs Deputy Director Directorate Of Enforcement, Dehradun

G. C. Mishra, Acting Chairman

FPA-PMLA-4005/DDN/2021, FPA-PMLA-4006/DDN/2021, MP-PMLA-8555/DDN/2021 (Stay) in FPA-PMLA-4005/DDN/2021, MP-

PMLA-8556/DDN/2021 (Stay) in FPA-PMLA-4006/DDN/2021

Fresh appeals have been filed under 26 of the Prevention of Money Laundering Act, 2002 against the impugned order dated 12.03.2021 passed by the

Adjudicating Authority in O.C. No. 1353/2020.

Alongwith appeals the applicants/appellants have filed applications for stay of the effect of the impugned order and to prevent physical possession of

the following property by the Respondent/ED. The details of the property mentioned in the eviction notices in both the appeals are same i.e.:-

“Property having a total land area 8.8660 hectare at Khasra No. 600, 603 min at village Jagatpur Patti, 52, 53 min, 74 min (all in

village Haldua Sahu), 591 Min & Building, to the tune of Rs. 15,15,86,100/-â€​

Issue notice in the appeals and as well as in the stay applications. Shri N.K. Matta, the learned counsel for the Respondent accepted the notice. It is

submitted by him that the copies of the appeals paper book have not been supplied to him. On the other hand the learned counsel for the appellant

submitted that the appellant has already supplied two sets of the copies of the appeals paper book to the Respondent in the Headquarters. However,

the applicants/appellants have agreed to supply the same, as such they are directed to supply one set of hard copy of appeals paper book each to the

learned counsel for the Respondent/ED through digital mode within one week. The learned counsel for the Respondent/ED has sought six weeks time

to file the replies to the appeals as well as in the stay applications, which is not objected. Let the replies to the appeals and stay applications be filed

within six weeks with advance copies to be served on the other side. The learned counsel for the Respondent sought four weeks time to file rejoinders

to the replies to the appeals from the date of receipt of the copy of the same, which is not objected. Let the rejoinders to the replies to the appeals be

filed within four weeks as prayed.

During the course of hearing, the learned counsel for the appellants/applicants have submitted that the applicants/appellants are the Directors of the

company i.e. M/s. Fibremarx Papers Pvt. Ltd. and that Respondent has issued 10 days notice of eviction from the aforesaid property and that

property involved in the present case is same as the property involved in the appeal no. FPA-PMLA-4000/DDN/2021. On the basis of above, the

learned counsel for the appellant submitted for grant of order of status quo with respect to the aforesaid property.

The learned counsel for the Respondent raised objection for grant of any relief in the appeals. It is alleged that the total proceeds of crime involved in

the case of present appellants/applicants are about of Rs. 10 Crores out of which Rs. 5.5 Crores have been returned and Rs. 4.49 Crores are yet to

be recovered from them as stated/alleged by the learned counsel for the Respondent. It is prayed by him that the appellant may be asked to secure the

amount of Rs. 4.49 Crores.

Heard both sides and considered the material placed on record. It is an admitted fact that the appellants/applicants are the Directors of the company

i.e. M/s. Fibremarx Papers Pvt. Ltd. and the property involved in the present case is same as the property involved in the appeal no. FPA-PMLA-

4000/DDN/2021 and that Respondent have issued 10 days eviction notice from the aforesaid property and that in respect of same property this

Tribunal has already passed the order of „status quo‟ on 30.03.2021. The submission of learned counsel for the Respondent to secure Rs. 4.49

Crores would be taken up after filing of reply to the stay application and at the time of hearing of the same. In view of the same the order of „status

quo‟ in appeal no. FPA-PMLA-4000/DDN/2021 is extended to the present appeals also. However the order of „status quo‟ is subject to the

following conditions:-

(i) Attachment shall continue.

(ii) The legal and constructive possession of the property in question shall remain with the Enforcement Directorate;

(iii) The appellants are prohibited to create any third party right or dispose of the property in question in any manner;

(iv) No encumbrance shall be created by the appellants in respect of the said property.

(v) The appellants are directed not to change the nature and character of the property.

With the consent of both the parties, list the matter on 29th July, 2021.