Pawan Seth vs Deputy Director Directorate Of Enforcement, Delhi

G. C. Mishra, Acting Chairman

MP-PMLA-8484/DLI/2021(U.H.) in FPA-PMLA 3984/DLI/2021 MP-PMLA-8487/DLI/2021(U.H.) in FPA-PMLA-3985/DLI/2021&

MP-PMLA-8412/DLI/2021(U.H.) in FPA-PMLA-3962/DLI/2021

The applicants/appellants have filed the present applications for early hearing of the appeals and stay applications, on the grounds stated therein.

Considering the grounds mentioned in the early hearing applications, the same are allowed. The applications are accordingly disposed of.

MP-PMLA-8486/DLI/2021(Exem.) in FPA-PMLA-3984/DLI/2021 & MP-PMLA-8489/DLI/2021(Exem.) in FPA-PMLA-

3985/DLI/2021 & MP-PMLA-8414/DLI/2021(Exem.) in FPA-PMLA-3962/DLI/2021

The present applications have been filed the appellants/applicants, for exemption from filing dim/illegible & certified copy of the annexxures annexed

with the present appeals and stay applications, on the grounds mentioned therein.

Considering the grounds mentioned in the exemption applications, the same are allowed. The applications are accordingly disposed of.

FPA-PMLA-3984/DLI/2021

FPA-PMLA-3985/DLI/2021

FPA-PMLA-3962/DLI/2021

&

MP-PMLA-8485/DLI/2021(Stay) in FPA-PMLA-3984/DLI/2021 MP-PMLA-8488/DLI/2021(Stay) in FPA-PMLA-3985/DLI/2021 MP-

PMLA-8413/DLI/2021(Stay) in FPA-PMLA-3962/DLI/2021

Fresh appeals have been filed by the appellants u/s 26 of Prevention of Money Laundering Act, 2002 against the impugned order dated 29.01.2021

and the corrigendum dated 23.02.2021 confirmed by the ld. Adjudicating Authority. Along with the appeals, the stay applications have also been filed.

Upon hearing, issue notice in the appeals and stay applications. Mr. Manoj Kumar, ld. counsel for the respondent accepted the notice and sought six

weeks time to file the replies to the appeals and stay applications, which is not objected. Let the same be filed within six weeks with an advance copy

to the other side, who may file the rejoinder within four weeks thereafter.

During the course of hearing, the ld. counsel for the appellants submitted that the respondent(ED) has issued two letters/notices dated 02.03.2021 to

the Branch, Manager, State Bank of India, Commercial Brach, DDA Bldg. Vardhman Trade Centre, Nehru Place, New Delhi - 110019†and The

Branch Manager, State Bank of India, Parishrama Bhavan( Hyderabad) APIDC Bldg., Basheer Bagh Road, Hyderabad, Telangana with a direction

to send demand drafts of the attached amounts of Rs. 13.12,581/- lying in the A/c no. 31732973727 and Rs. 15,12, 419/- lying in the account no.

30204790991 respectively of M/s Trident Infosol Pvt. Ltd. by way of demand drafts in favour of Enforcement Directorate. It is submitted by the ld.

counsel for the appellants that the aforesaid amounts have already been taken away by the Enforcement Directorate. And in view of the same, the

prayer in stay application nos. MP-PMLA-8485/DLI/2021(Stay) in FPA-PMLA-3984/DLI/2021 & MP-PMLA-8413/DLI/2021(Stay) in FPA-

PMLA-3962/DLI/2021 has become infructuous.

However, the ld. counsel for the appellant submitted that an amount of Rs. 2.08 crore has been deposited in a fixed deposit account in ICICI Bank

and the appellant company is apprehending that the said amount would also be taken away by the ED without intimating the appellants. It is admitted

by him that, so far, no notice has been issued by the ED in this regard. It is undertaken by the ld. counsel for the appellant that they will not deal with

the said fixed deposit amount. It is prayed by him that order of status quo may be passed with respect to the aforesaid fixed deposit.

On the other hand, it is submitted by the ld. counsel for the respondent (ED) that no notice has been issued for the transfer of aforesaid amount of Rs.

2.08 crores even though the attachment of this amount has been confirmed. He further submits that if respondent intends to take possession of the

said amount, then the respondent, will issue appropriate notice as per prescribed rules under PMLA, 2002.

Heard both side, the prayer to recall/stay the withdrawal order dated 02.03.2021 has become infructuous as, admittedly, the amount mentioned therein,

has already been taken away by the ED. So far as the prayer regarding status quo order with regards to fixed deposit of Rs. 2.08 cr. is concerned, it

is hereby ordered that in the event any notice/letter is issued by the respondent(ED) to the ICICI Bank for transfer of the fixed deposit amount of Rs.

2.08 cr., copy of the such notice/letter be sent to appellant concerned, by given two weeks time from the date of service of the copy of the

notice/letter of transferring of amount, who may approach this Tribunal for appropriate order on merit of the application. Till the next date of hearing

the appellant is prohibited to deal with the aforesaid fixed deposit in any manner nor the said fixed deposit money shall be encumbered.

With the consent of both the parties, list the matter on 30th July, 2021.