APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI

1. MP-PMLA-11491/HYD/2023 (Exemp.)

MP-PMLA-11490/HYD/2023 (Stay)

Sarvottam Fincap Limited … Appellant Versus The Deputy Director, Directorate of Enforcement, Hyderabad … Respondent

2. MP-PMLA-11493/HYD/2023 (Exemp.)

MP-PMLA-11492/HYD/2023 (Stay)

FPA-PMLA-5783/HYD/2023 M/s VPoint Solution Ltd. … Appellant Versus The Deputy Director, Directorate of Enforcement, Hyderabad … Respondent Advocates/Authorized Representatives who appeared For the Appellant : Mr. Abhimanyu Bhandari &

Mr. Arav Pandit, Advocates For the Respondent : Ms. Anubha Bhardwaj, Advocate CORAM JUSTICE MUNISHWAR NATH BHANDARI : CHAIRMAN SHRI RAJESH MALHOTRA : MEMBER

FINAL ORDER

14.12.2023 Present appeals are filed against the order dated 27.01.2023 passed by Ld. Adjudicating Authority, vide which Provisional Attachment Order no. 16 of 2022 dated 27.01.2023, in ECIR No. HYZO/04/2021, was confirmed.

2. The impugned order reflects that a letter dated 29.12.2020 was received from PS Cyber Crime Rachakonda informing about the registration of five FIRs relating to instant loans vide FIR Nos. 651/2020, 697/2020, 698/2020, 699/2020 & 705/2020, for commission of offences under Section 417/419/420 IPC & under Section 66-C/ 66-D of Information & Technology Act. Three accused persons were arrested from a Call Center office of M/s Jiya Liang Infotech Pvt. Ltd., Pune. The said Company was registered on 15.07.2020 and has made agreements for providing tele-caller services for the recovery of the loan payment dues with three Companies namely M/s Bienance Infrastructure Technology, West Mumbai, Maharashtra; M/s Ajaya Solutions Private Limited, Thane, Maharashtra; & M/s Taelde Technology Private Limited, Mysore, Karnataka.

The abovementioned companies were doing online instant loan lending business through various applications and sanctioning the personal unsecured loans through digital apps to the borrowers. After one week of sanctioning the loan, customer data was being provided to M/s Jiya Liang Infotech Pvt. Ltd. for calling the borrowers on their phone numbers asking for repayment of loan along with higher rate of interest without following the Rules/ Regulations of RBI. M/s. Jiya Liang Infotech Pvt. Ltd. procured Laptops, Desktops and Network Routers from China and established Call Centers. Around 650 employees working in the Company were provided with dedicated User IDs & Passwords. They were instructed to use their personal mobile numbers to call the borrowers. They also resorted to systematic abusing, harassing and threatening the defaulters. They even blackmailed the borrowers by sending fake legal notices to them, their relatives and friends.

Further, a letter dated 30.12.2020 was received from Cyber Crime Hyderabad, PS Gachibowli regarding registration of 10 FIRs for Commission of offences under Section 420/506 IPC & 66-D & 67 of Information Technology Act etc. vide No. 1134/2020, 1136/2020, 1162/2020, 1164/2020, 1169/2020, 1181/2020, 1182/2020, 1183/2020, 1187/2020 & 1188/2020. Searches were made at the premises of 8 Companies involved in running various loan applications viz M/s Onion Credit Pvt. Ltd., Hyderabad; M/s Cred Fox Technologies Pvt. Ltd. Hyderabad; M/s Espior 5N2 Enterprises East Block Hyderabad; M/s Best Shine Technologies Pvt. Ltd., Hyderabad; M/s Cubevo Technologies Pvt. Ltd., Hyderabad; M/s Baryonyx Technologies Pvt. Ltd. Bangalore, M/s Fasmate Technology Services Pvt. Ltd. & M/s Topfun Technologies Pvt. Ltd., Goa.

Mr. Zixia Zhang, a Chinese national, Director of M/s Sky Line Innovation Technology India Pvt. Ltd. and Mr. Arjun, Managing Director of M/s Baryonyx Technologies Pvt. Ltd. were the mastermind behind the offence in FIR No. 1162/2020 & 1164/2020 respectively.

By letter dated 06.01.2021 Cyber Crime Hyderabad further informed regarding registration of 28 more FIRs for Commission of offences under Section 354-D/ 420/ 506 IPC & under Section 66-D/ 67 of IT Act vide Nos. 2284/2020, 2342/2020, 2344/2020, 2349/2020, 23