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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, MANJUSHA AJAY DESHPANDE
Bermaco Energy Systems Limited Through Viren Vinod Ahuja Director – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
Bharati Dangre, J.
1. Bermaco Energy Systems Ltd has filed an Appeal u/s.42 of the Prevention of Money Laundering Act, 2002 (PMLA), assailing the order dated 03/08/2023 passed by the PMLA Appellate Tribunal, New Delhi in Miscellaneous Application No. MP-PMLA-11711/AHD/2023 in Appeal No. FPA-PMLA/5870-AHD/2023, since the Tribunal has dismissed its Miscellaneous Application, praying for stay of the notice of eviction dated 12/4/2023. The notice of eviction in ECIR/AMZO/11/2020/AD(HR)/581 issued by the Directorate of Enforcement called upon the appellant to vacate and hand over the peaceful possession of the attached properties within five days of its receipt, on the specific ground stated therein to the following effect:
“The present case is shown to be a case of organized crime, we find that the exception exist to invoke Section 8(4) to take possession of the property”.
In this background, the appellant had pleaded that there was no case of “organized crime” which was alleged or made out and even the notice of eviction was silent on the aspect of ‘money laundering’ being committed by the appellant.
2. We have heard learned Senior Counsel Mr. Aabad Ponda for the appellant and M
The Prevention of Money Laundering Act, 2002 proceedings are criminal in nature, necessitating appeals to be filed on the criminal side due to potential penalties including imprisonment and property ....
PMLA overrides recovery statutes; no priority for secured creditors over attached proceeds of crime; bona fide claimants may seek Special Court restoration under section 8(8) post-attachment or confi....
The court upheld the necessity of exhausting statutory remedies under the Prevention of Money Laundering Act before invoking writ jurisdiction, affirming that 'proceeds of crime' includes property in....
(1) Attachment and confiscation of property – Special Court cannot go into issues which higher forums have been entrusted with.(2) Section 8(7) and Section 8(8) of PMLA are stand-alone provisions – S....
Properties acquired before the commission of an alleged offence cannot be attached under the Prevention of Money Laundering Act, and due process must be followed in such proceedings.
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
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