APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI

1. MP-PMLA-6656/MUM/2019 (Stay)

FPA-PMLA-3340/MUM/2019 M/s Positive Global Services & Consultancy Pvt. Ltd. through Shri Aditya Vijay Kashyap … Appellant Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent

2. MP-PMLA-6657/MUM/2019 (Stay)

FPA-PMLA-3341/MUM/2019 M/s Trade Connect, through Shri Kunal Kashyap … Appellant Versus The Deputy Director, Directorate of Enforcement, Mumbai … Respondent Advocates/Authorized Representatives who appeared For the Appellants : Mr. Sanjiv Tandon, Adv.

Mr. Udayan Tandon, Adv.

For the Respondent ED : Mr. N. K Matta, Advocate Mr. Harshit Gupta, Adv.

Mr. Rohit Singh Bora, Adv.

CORAM SHRI BALESH KUMAR : MEMBER SHRI RAJESH MALHOTRA : MEMBER

FINAL ORDER

29.09.2025 This Order disposes of the Appeal Nos. FPA-PMLA-3340/

MUM/2019 and FPA-PMLA-3341/MUM/2019 filed by M/s Positive Global Services & Consultancy Pvt. Ltd., through Shri Aditya Vijay Kashyap, Director and M/s Trade Connect, through Shri Kunal Kashyap, the sole proprietor, respectively, against the Order dated 03.09.2019 in Original Complaint No. 1126/2019 (OC) passed by the Ld. Adjudicating Authority (AA) under the Prevention of Money Laundering Act, 2002 (PMLA). The Provisional Attachment Order No.

06/2019 (PAO) dated 25.03.2019 was confirmed vide the Impugned Order. Among other properties in the name of other persons, the attachment of the following properties of the two Appellants and of Shri Aditya Kashyap and his wife Smt. Sushma Kashyap, which were also confirmed, are specified below:-

It is clarified that the only two Appellants before us are those as mentioned afore viz M/s Positive Global Services & Consultancy Pvt.

Ltd. and M/s Trade Connect.

2. Ld. Counsel for the Appellants prays to dispose of the two Appeals in terms of their plea that the matter be finally decided including that relating to the impugned properties by the Special Court for PMLA, where the Prosecution Compliant under PMLA already filed, is pending. The two Appeals have been preferred to challenge the PAO and the Impugned Order. However, Ld. Counsel for the Appellants, on instructions submits that his client is not inclined to press the Appeal for challenge to the Impugned Orders. Ld. Counsel for the Appellants brought to notice the Order dated 27.01.2020 of this Tribunal, whereby it was ordered:

“In the light of the above, there is a prima facie case for granting an interim order in favour of the appellant. As, if the interim order is not passed then Mr. Aditya Kashyap and his family members will be evicted from the property and they will be on the road. It would cause irreparable injury which cannot be compensated in terms of money, if interim order in favour of the staying the operation of the eviction notice issued u/s 8(4) of the Act is not passed. The balance of convenience lies in favour of the appellant, hence it is ordered that status quo shall be maintained by both the parties with respect to the property mentioned in the notice dt. 22.10.2019 issued u/s

8(4) of the PMLA Act.

However;

(i) Attachment shall continue.

(ii) Legal and constrictive possession of ED shall remain over the property.

(iii) The appellant is prohibited from transferring, converting or disposing the property in question in favour of any third party.

(iv) No encumbrance shall be created by the appellant in respect of the property.”

Ld. Counsel therefore pleaded that the possession of the property viz Flat in the joint name of Shri Aditya Vijay Kashyap & Smt. Sushma Aditya Kashyap admeasuring sq. ft. 1500 sq. ft. may continue to remain with Shri Aditya Kashyap and with his family since they are using it as residence.

3. On being pointed out that the aforementioned residential property is in the names of Shri Aditya Vijay Kashyap & Smt. Sushma Aditya Kashyap, who are not the Appellants before us, Ld. Counsel for the Appellants stated that while M/s Trade Connect is a proprietorship firm, the M/s Positive Global Services & Consultancy Pvt. Lt