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TMI Blog2015 (7) TMI 1256X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant is independently aggrieved, therefore the aggrieved appellants has to file separate appeals with appropriate copies. A perusal of appeal reveals that though appeal has been filed jointly by 20 appellants but only one appeal fee has been filed and it is not the plea of the appellants that though joint appeal has been filed by twenty appellants but twenty appeal fees has been paid for twenty appellants and for the purpose of pursuing appeal on behalf of twenty appellants, joint appeal may be allowed to be pursued. It is also not the plea of the appellants that all the subject properties whose attachment is contested are jointly owned by all the twenty appellants and they should be treated jointly as one appellant. Thus joint appeal preferred by twenty appellants would not be maintainable. Consequently, the plea of the appellants is liable to be rejected. - M.P.-PMLA No. 1720/CHN/2015 (Stay) and F.P.A.-PMLA No. 825/CHN/2015 - - - Dated:- 28-7-2015 - Shri Arun Kumar Agarwal, Acting Chairperson and Dr. Rabi Narayan Dash, Member Shri Prakash Goklaney, Advocate, for the Appellant. Shri N.K. Matta, Advocate, for the Respondent. JUDGMENT [Judgment per : A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion of Money-laundering Act, 2002 (hereinafter referred to as PMLA or Act). 2.3 It is alleged by the respondent that investigation under PMLA revealed that the Housing loans/Additional housing loans/mortgage loans/personal loans, were taken in the name of various persons as recommended by Shri S. Kumar @ Vijayakumar from the Syndicate Bank; that these loans were sanctioned based on false information and forged/fabricated documents; that the persons, who had taken loans from Syndicate Bank for the purchase of the properties involved in all the 8 chargesheets are merely name lenders and had done so as directed by Shri S. Kumar @ Vijayakumar as they were his relatives/friends; that they are neither in the possession of the said properties nor are they enjoying the benefits of the property like rental or lease income; that Shri S. Kumar @ Vijayakumar had availed the loan proceeds, holds the possession of the aforesaid properties and was enjoying the rental/lease income derived from the said properties and that the Syndicate Bank could not take possession of the properties under SARFAESI Act, because the documents submitted to them were fake. 2.4 The respondent, considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere taken in their names, they did not know the amount of loans itself and how much was repaid and how the amounts were utilized and only the said Shri S. Kumar @ Vijayakumar arranged for the said loans and enjoyed the benefits of the same. 2.7 On the basis of the investigation, proceedings were commenced under Sec. 5 of PMLA for provisional attachment of the properties standing in the names of various persons. The properties were attached and complaint was filed with the Adjudicating Authority under Sec. 5(5) of the Act. The matter was placed before the Adjudicating Authority and the order of provisional attachment was confirmed by detailed order which is now being assailed before us jointly by 20 appellants in the present proceedings. 3. No one had appeared on behalf of appellants when appeal was taken up for consideration on 20-3-2015, 9-4-2015 and 6-5-2015. After allowing application dated 26-5-2015 being MP-PMLA- 1719/CHN/2015 by the applicants seeking preponement of hearing pursuant to the orders of the Hon ble High Court, the appeal was again taken up for consideration on 27-5-2015 and ld. Counsel for appellants was asked to make submissions so that the appeal could be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing the appeal before Appellate Tribunal read with Section 26 of PMLA, appeal is to be filed separately by all the appellants who are claiming independent rights in the properties under attachment, each appellant being independently and separately aggrieved. He placed reliance on the judgment dated 28-7-2010 passed by this Tribunal in the case of M/s. Bhagirathi Green Fields Pvt. Ltd. Others in MP-PMLA-18/HYD/2010 where joint appeal filed by 50 appellants challenging one single order passed by the Adjudicating Authority confirming attachment of properties was held not maintainable which order has not be set aside or modified by the Hon ble High Court and pleaded that joint appeal by twenty appellants is not maintainable. He contended that the appeal is not as per rules prescribed by Appeal Rules, only one fee of ₹ 10,000/- for 20 appellants has been paid. It was contended that impugned order was passed on 7-1-2015 and appeal was to be filed within 45 days, however the appeal has been filed on 25-2-2015 which is beyond the period of limitation. He submitted that all the twenty appellants were served copy of the impugned order separately and in the appeal, limitation for e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Adjudicating Authority or the Director, as the case may be, under section 26 of the Act shall be in the Form as appended to these rules and the appeal shall be in quadruplicate and accompanied by four copies of the order appealed against. (2) At the time of filing, every appeal shall be accompanied with an amount of fee as given in the Table below, in the form of demand draft payable in favour of the Registrar, Appellate Tribunal, New Delhi: Sl. No. Amount of fine imposed Amount of fee payable 1. Where the amount of fine imposed under sub-section (2) of section 13 of the Act is ₹ 10,000/- ₹ 1,000/- 2. Where the amount of fine imposed under sub-section (2) of section 13 of the Act is more than Rs. 10,000/- and up to ₹ 50,000/- ₹ 2,500/- 3. Where the amount of fine imposed under sub-section (2) of section 13 of the Act is more than Rs. 50,000/- and up to ₹ 1 lakh. ₹ 5,000/- Appeal against attachment of any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - RELIEF SOUGHT (Specify the relief sought) DECLARATION The fee payable for this appeal as shown in Table given in sub-rule (2) of rule 3 of these rules has been deposited in the form of demand draft with the Registrar, Appellate Tribunal, New Delhi vide receipt number _____ dated ______. Signature of the Appellant .. Name of the Appellant List of documents Place : Date : Signature of the Appellant . 12. According to Section 35 of the PMLA, the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 and has got the power to regulate its own procedure subject to the principle of natural justice and other provisions of Act and Rules. 13. The Form of appeal prescribed under Rule 1(3) of Appeal Rules shows that each aggrieved person has a right to appeal. The Form starts with the words the above named appellant and ends with the signature of the appellant . The word appellant has been defined in Rule 2(d) of Appeal Rules to mean an aggrieved person who prefers an appeal before the Appellate Tribunal. Though a singular word can include the plural but only if there is nothing repugnant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person can file an appeal against an order passed under Section 8 of the Act. If the order passed is regarding attachment of various properties of different persons, several persons may be aggrieved and each of those aggrieved persons has a right of filing the appeal. By the impugned order in the appeal, properties held by different persons were attached after issuing notice to 23 parties. Even though many of the pleas and contentions raised by the aggrieved parties may be same or similar, each aggrieved party can also take separate pleas/contentions regarding the source, etc., for acquisition of the subject property and can take separate arguments dissociating from the scheduled offence involved. During the course of arguments in the present appeal, learned counsel for appellants submitted that though the respondent has alleged that the subject properties have been acquired by the accused out of proceeds of crime in the names of appellants but this allegation of the respondent is being contested on the ground that subject properties are independently acquired properties of the appellants from their legitimate sources. This goes on to show that each of the appellants will have sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act, appeal can be filed by several aggrieved persons against the very same order passed by the Adjudicating Authority. Repelling the pleas and contentions raised by the appellants, this Tribunal dismissed the petition directing the appellants to file separate appeals. Relevant paragraphs of the order of this Tribunal are adverted to as follows: 5. Under Section 35 of the Act, the Appellate Tribunal has got the power to regulate its own procedure subject to the principle of natural justice and other provisions of Act and Rules. After considering the relevant portion regarding the appeal and the rules, we are of the view that only an aggrieved person can file an appeal against an order passed under Section 8 of the Act. If the order passed is regarding attachment of various properties of different companies/persons, several persons may be aggrieved and each of those aggrieved persons has a right of filing the appeal. By the impugned order in the appeal, properties held by different persons were attached after issuing notice to 132 parties. We are informed by the ld. Counsel that separate appeals are filed by some other aggrieved persons against the same order. Even though ..... X X X X Extracts X X X X X X X X Extracts X X X X
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