9911796707
TMI Blog2020 (2) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... cution. In the said application, inter-alia, the following grounds have been taken for restoration of the appeal, the relevant portions of the application are reproduced hereinbelow:- "(3) That earlier the appeals were listed before the Hon'ble PMLA Tribunal, New Delhi, wherein the Counsel for the Appellant had been regularly appearing on behalf of the Appellant/Applicant. (4) That since the matter was listed for Final hearing before the Hon'ble Tribunal on 27.11.2019, wherein no notice for hearing was served upon the Appellant and further the interim orders were not uploaded on the website due to which the Appellant/Applicant was not aware of the next date of hearing. The Applicant/Appellant came to know about the dismissal of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appellant has failed to appear on 27.05.2019, 08.07.2019 and 27.11.2019. It is contended by the Respondent that the appeal no. FPA-PMLA- 2205/CHD/2018 (the present appeal) was heard alongwith the other appeals no. FPA-PMLA-2085-2095/CHD/2017, FPA-PMLA- 2097-2102/CHD/2017 and FPA-PMLA-2331/CHD/2018 with all these appeals being represented through same advocates but neither the counsel nor the appellants appeared on 27.05.2019 and 08.07.2019. The counsel appearing for the all the appeals except for the present appeal therefore this Tribunal mentioned in its order dated 27.11.2019 that neither the appellant nor any authorized representatives or any advocate is appearing on that matter since many dates. The said appeal was dismissed for n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent at Chandigarh. It has been the claim of Shri Saurabh Kapoor, learned Advocate that he has been advocate for the appellant from the very beginning. On perusal of the order sheets it appears that on some occasions his name has been shown as the counsel for this applicant/appellant. Infact Mr. Saurabh Kapoor did not file vakalatnama for the present appellant in the appeal no. FPA-PMLA- 2205/CHD/2018. Shri Saurabh Kapoor, is the Advocate for other appellants in the connected matter. On some occasions the connected appeals are listed alongwith the present appeal and common orders were passed and that was the reason as to why Shri Saurabh Kapoor's name appears in the order sheets as counsel for the appellants. Since, his name was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 41st day excluding the date of dismissal. No specific application for condonation of delay has been filed but it is stated in the restoration application that he could not know about the date of order as the order was not uploaded on the website. He came to know about the dismissal of the appeal when he had visited the office of the Respondent at Chandigarh. During the course of hearing, it is orally pleaded by Shri Saurabh Kapoor, that the delay if any, may be condoned in the interest of justice, as the connected matters are pending before this Appellate Tribunal and that no prejudice would be caused to the Respondent. 6. It is an undisputed fact that the Original Application (O.A.) bearing no. 93/2017 was filed by the Respondent before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the order dated 27.11.2019 as the said order was not uploaded in the website. Section 26(5) of the Prevention of Money Laundering Act, 2002 cast a mandatory duty on the Appellate Tribunal to send a copy of the every order made by it to the parties to the appeal. There is nothing on record to show that copy of the order dated 27.11.2019 has been sent to the appellant. That being so, in fact, there is no delay in filing the appeal. 9. The grounds of restoration advanced by the appellant is considered. The connected appeals are pending before this Tribunal and if the appeal is not restored to file than it would cause great hardship to the appellant and his family members. The prejudice which is likely to cause if the application is al ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
