FPA-PMLA-3332/KOL/2019 Page 1 of 35

APPELLATE TRIBUNAL FOR SAFEMA, FERA, PMLA, NDPS & PBPT ACT

AT NEW DELHI

Date of Decision :- 01.01.2021

MP-PMLA-6636/KOL/2019 (Stay)

FPA-PMLA-3332/KOL/2019

Enforcement Directorate, Kolkata

Through Assistant Director

… Appellant/Applicant

Versus

M/s. Shree Ganesh Jewellery House(I) Ltd. …

Respondent no. 1

Sh. Nilesh Parekh

…

Respondent no. 2

M/s Nischay Jewels

…

Respondent no. 3

M/s Sumit Jewels

…

Respondent no.4

M/s Liberson Dealcomm Pvt. Ltd.

…

Respondent no. 5

M/s Dhanteras Estates Pvt. Ltd.

…

Respondent no. 6

M/s Kalinadi Enclave Pvt. Ltd.

…

Respondent no. 7

M/s K R Associates

…

Respondent no. 8

M/s Swastik Wheat Product

…

Respondent no. 9

(Agencies ) Pvt. Ltd.

M/s Safal Properties

…

Respondent no. 10

Smt. Ratna Parekh

…

Respondent no. 11

Shri Karan Parekh

…

Respondent no. 12

Shri Umesh Parekh

…

Respondent no. 13

Shri Kamlesh Parekh

…

Respondent no. 14

Corporation Bank

…

Respondent no.15

Axis Bank Ltd.,

…

Respondent no.16

Stressed Asset Group (East)

M/s Bata India Ltd.

…

Respondent no. 17

M/s Jhonson & Jhonson Pvt. Ltd.

…

Respondent no. 18

M/s Aero Club

…

Respondent no. 19

M/s Ambuja Reality

…

Respondent no. 20

Shri Anup Kumar Singh,

…

Respondent no. 21

Insolvency Professional

FPA-PMLA-3332/KOL/2019 Page 2 of 35

Advocates/Authorized Representatives who appeared

For the Appellant (ED)

:

Mr. N.K. Matta, Advocate

Mr. Akshay Sinha, I.O.

For the Respondent No(s).01 & 21

:

Ms. Pratiksha Sharma, Adv

Mr. Ankit Acharya, Adv.

For the Respondent No(s).02 & 4-12 :

Mr. S.A. Saud, Adv.

For the Respondent No(s).03 & 13

:

None

For the Respondent No.14

:

Mr. Arun Kumar Agarwal, Adv

For the Respondent No.15

:

Mr. Alok Kumar, Adv.

For the Respondent No.17

:

Mr. Neeraj Grover, Adv.

For the Respondent No.19

:

Ms. Poonam Lau, Adv.

For the Respondent No(s).16,18 &20:

None

CORAM

SHRI G. C. MISHRA

:

ACTING CHAIRMAN

JUDGMENT

FPA-PMLA-3332/KOL/2019

That the Hon‟ble High Court of Calcutta in the matter of FMAT 343

of 2020 filed by Nilesh Parrekh (Respondent no. 2 herein) passed the

following order on 18.08.2020:-

FPA-PMLA-3332/KOL/2019 Page 3 of 35

are disposed of.”

FPA-PMLA-3332/KOL/2019 Page 4 of 35

The copy of the aforesaid order was received in this Tribunal

through e-mail from the respondent on 01.09.2020 and the appeal was

pre-poned to 17.09.2020 through physical hearing by cancelling the date

12.11.2020 already fixed then. In the order of Hon‟ble High Court their

lordships have directed to this tribunal to hear the maintainability of the

appeal as a preliminary issue. In the said order their lordships have also

asked the appellant to formally raise the point of maintainability before

this Tribunal by filing a supplementary affidavit by 07.09.2020, serving

copies thereof on the respondents.

That, on 07.09.2020, Shri Syed Ahmed Saud (S.A. Saud), ld.

counsel for the respondent no. 2 (Sh. Nilesh Parekh) has filed an index

with a petition dated 03.09.2020 on 07.09.2020 signed by Shri Nilesh

Parekh (Respondent no. 2) under the heading the supplementary

affidavit but without sworn affidavit and also the signature of Shri Nilesh

Parekh was not identified. The same defect was pointed out to the ld.

counsel for the respondent no. 2 by the Tribunal and the same was

cured by filing sworn affidavit dated 03.09.2020 in the Tribunal on

08.12.2020.

During this period, Sh. S.A. Saud, ld. counsel who is also

appearing for respondent no. 5 filed miscellaneous applic