BEFORE RAJESH MALHOTRA, MEMBER, SINGLE BENCH;

APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI I. FPA-PMLA-3160/CHD/2019 Phoenix Asset Reconstruction Company (Assignee of mortgaged assets from ICICI) … Appellant Versus The Deputy Director Directorate of Enforcement & Ors., Chandigarh … Respondent Advocates/Authorized Representatives who Argued For the Appellants : Mr. Vignaraj Pasayat, Varun Singh Pannu, Advocates For the Respondent : Ms. Ankita Gautam, Advocate (for ED)

FINAL ORDER

07.05.2025 Present appeals under Section 26 of Prevention of Money Laundering Act, 2002 (PMLA) is filed by the appellants against the order dated 09.04.2019 passed by the Adjudicating Authority in Original Complaint No. 1061/2018 (OC), whereby the Provisional Attachment Order No. 04/2018 (PAO) dated 30.10.2018 passed by ED, was confirmed. The details of property mortgaged with the appellant Phoenix Asset Reconstruction Company is mentioned as under:

Sr. No. Detail of Property Owners Name Value as per registry 1 Land measuring 1 Kanal 81/2 Marla (833 square yards) Smt. Daljit Rs. 29,98,800/-

located at Plot No. 96, Godown Area, Pabhat, Tehsil- Kaur Gorwara Derabassi, District- SAS Nagar, Zirakpur, Mohali (mortgaged with ICICI, Chandigarh)

2. As per the facts of the case, FIR No. 92/2014 dated 19.05.2014 was registered by the Himachal Pradesh State Police, P.S.- SV & ACB, Una, Distt-Una (H.P.) for violation of Sections 420, 468 & 471 of Indian Penal Code against 1. M/s Arvind Casting Pvt. Ltd., 2. M/s Arvind Trade Links Pvt. Ltd., 3. Shri Arvind Singh Gorwara (now deceased), 4. Smt. Daljit Kaur Gorwara, (D-1) 5. Sh. Amrinder Singh Gorwara (D-3) and 6. Sh. Sahil Gorwara (D-2) alleging therein that M/s Arvind Casting Pvt. Ltd., M/s Arvind Trade Links Pvt. Ltd. and their Directors have cheated M/s Aditya Birla Finance Limited by obtaining Rs. 8 crores loan i.e. (Rs. 5 crores on 30.07.2013 to M/s Arvind Casting Pvt. Ltd. and Rs. 3 crores in August, 2013 to M/s Arvind Trade Links Pvt. Ltd.) fraudulently by creating false, fake and fabricated documents. In respect of invoice discounting facility (Loan) taken by the above said accused from the complainant by forging documents, impersonating themselves as employees of other companies (in similar name claiming it to be International Tractors Ltd., Dana India Pvt. Ltd. and Mahindra & Mahindra (Swaraj Division) and also opened fictitious Bank accounts in the name of other companies. They also got printed fictitious letter heads, false and fake bill books, receipts, created false letters, opened false and illegal e-mail accounts of other companies in order to cheat and siphon-off the complainant money taken under the garb of loan and thereby committed offences u/s 420 & 471 of IPC r/w 120-B IPC.

After completion of investigation by the Himachal Pradesh State Police, charge sheet was filed in the JMFC, Court Una, H.P. on 19.8.2016 under Sections 420, 467, 468, 471 & 120-B of IPC against 1. Shri Arvinder Singh Gorwara (now deceased) 2. Smt. Daljit Kaur Gorwara (D- 1) 3. Shri Sahil Gorwara (D-2). Supplementary charge sheet under same Sections was filed on 17.3.2017 against Amrinder Singh Gorwara (D-3). The said FIR were registered by Himachal Pradesh Police Una in respect of invoice discounting facility (Loan) taken by the above said accused from the complainant M/s Aditya Birla Finance limited by forging documents, impersonating themselves as employees and opening fictitious Bank accounts in the name of other companies (in similar name claiming it to be M/s International Tractors Ltd., M/s Dana India Pvt. Ltd. and M/s Mahindra & Mahindra). The details of the loan facilities taken by the accused are as below:

1) Loan facility sanctioned on 30.7.2013 in favour of M/s Arvind Casting Pvt. Ltd., through its Directors/Accused: 1. Arvinder Singh Gorwara 2. Daljit Kaur Gorwara 3. Amrinder Singh Gorwara 4. Shri Sahil Gorwara and amount funded Rs. 5 crore, Product: Invoice Discounting (International Tractors Ltd. and Dana India Pvt. L