Tribunals and CommissionsSingle Bench(2021) 03 ATPMLA CK 0035

K. Badri Narayan Patro vs Joint Director Directorate Of Enforcement, Kolkata & Ors.

Appellate Tribunal Under Prevention Of Money Laundering Act · Decided on 22 March 2021

HON’BLE JUDGES
G. C. Mishra, Acting Chairman
CASE NUMBER
MP-PMLA-8332, 8333/KOL/2021, FPA-PMLA-3935/KOL/2021

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Judgment

14 paragraphs · 269 words

G. C. Mishra, Acting Chairman

MP-PMLA-8332/KOL/2021 (COD) In MP-PMLA-8333/KOL/2021 (Stay)

Replies to the stay application as well as to the delay application have been filed by the respondent (ED) and is available on record. It is submitted by

the learned counsel for the respondent that the Provisional Attachment Order was confirmed by the Adjudicating Authority on 29.08.2014 and the

appellant was required to file the present appeal within 45 days of receipt of the said impugned order. However, in the present case there is a huge

delay of more than 6 years in filing the present appeal by the appellant and the grounds taken by the appellant is not sufficient for condoning the delay

as it is a settled principle of law that everyday of delay is required to be sufficiently explained in an application for condonation of delay and further

submitted that the Hon’ble High Court of Orissa in the Writ Petition filed by the present appellant bearing no. W.P.(C ) No.5429/2021 has been

pleased to pass the order dated 17.02.2021 that the delay in filing the appeal has not been condoned.

On the other hand, the learned counsel for the appellantMr. SomnathPatnaik, Advocate submitted that he has received the copies of the replies to the

condonation of delay application as well as to the stay application yesterday’s night and needs some time to go through the same, which is not

objected by the learned counsel for the respondent.

At the request of the learned counsel for the appellant, list on 30thMarch, 2021 for hearing on the condonation of delay application.

Interim Order passed on 26.02.2021 to continue.