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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. SONAK, ADVAIT M. SETHNA
Naresh T. Jain – Appellant
Versus
Union of India Through the Ministry of Finance – Respondent
| Table of Content |
|---|
| 1. court proceedings initiation and requests. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. challenging the provisional attachment order under pmla. (Para 7 , 8) |
| 3. key facts and events of the case. (Para 9 , 10 , 11 , 12) |
| 4. scope of supreme court's orders impact on timelines. (Para 14 , 21) |
| 5. arguments supporting strict timelines. (Para 19 , 20 , 22) |
| 6. arguments for dismissal of petition. (Para 29 , 30) |
| 7. clarifications on pmla sections. (Para 33 , 34 , 37 , 38) |
| 8. recognition of property rights as human rights. (Para 51 , 52) |
| 9. invalidation of ed's claims on timelines. (Para 57 , 65) |
| 10. final ruling on pao and adjudication. (Para 68 , 70 , 71 , 72) |
JUDGMENT :
M.S. Sonak, J.
1. Heard Mr Nishant Chothani, along with Mr Shaunak Sawant, for the Petitioners, and Mr Sachin Pawar, along with Mr Dewang S. Mhatre, learned Special Public Prosecutor, Public Prosecutor for the Respondents.
2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties. Even otherwise, by our order of 14 November 2025, we had posted this matter for final disposal at the admission stage on 21 November 2025.
3. The hearing of this Petition was expedited
Provisional attachment orders under the Prevention of Money Laundering Act lapse after 180 days if not confirmed, ensuring legal safeguards against arbitrary actions.
The main legal point established in the judgment is that the extended period of limitation due to the COVID-19 pandemic does not apply to the validity period of the provisional attachment order under....
The main legal principle established in the judgment is the distinction between protecting the right to remedy and extending the time for filing proceedings. The court emphasizes that the right to re....
Cricket betting constitutes a predicate offense under the Prevention of Money Laundering Act, validating asset attachment despite challenges regarding processing timelines and evidential burden.
Point of law: Provisional attachment - Adjudicating Authority does not become functus officio on expiry of the period of 180 days from the passing of the order of provisional attachment unless such o....
The main legal principle established is that properties to be proceeded against under PMLA must be connected to the criminal activity, and ex facie illegal acts can be interfered with under Article 2....
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