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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Indian Overseas Bank – Appellant
Versus
Deputy Director, Director of Enforcement, Lucknow & Ors. – Respondents
W.P.(C) 8752 of 2022 & CM APPL.26320 of 2022
Decided On : 22-03-2023
PMLA - Quashing of Confirmation Order - The court permitted the petitioner to avail of its appellate remedies before the Appellate Tribunal within a period of thirty days, as the order under challenge is appealable to the Tribunal.
Fact of the Case:
The petitioner sought quashing of the final confirmation order attaching properties mortgaged to the petitioner under Section 8(1) of the PMLA, 2002, on the ground that the Appellate Tribunal under PMLA, 2002 was not functioning at the relevant point of time.
Finding of the Court:
The court permitted the petitioner to avail of its appellate remedies before the Appellate Tribunal within a period of thirty days, as the order under challenge is appealable to the Tribunal. The court clarified that it had not examined the merits of the case and left all contentions of the parties open.
Issues: Quashing of final confirmation order due to non-functioning of Appellate Tribunal under PMLA, 2002.
Ratio Decidendi: The Appellate Tribunal is now constituted under the PMLA Act, and the order under challenge is appealable to the Appellate Tribunal, permitting the petitioner to avail of its appellate remedies before the Tribunal within a period of thirty days.
Final Decision: The present petition along with all pending applications, if any, is disposed of, with the petitioner permitted to avail of its appellate remedies before the Appellate Tribunal within a period of thirty days.
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner seeking quashing of the final confirmation order dated 28th February, 2022 passed by the Adjudicatory Authority by which the Provisional Attachment Order dated 28th June, 2021 attaching properties mortgaged to the Petitioner - Indian Overseas Bank was confirmed under Section 8(1) of the PMLA, 2002.
3. The present petition was preferred on the ground that the Appellate Tribunal under PMLA, 2002 was not functioning at the relevant point of time. The said averment has been made in para 27 which reads as under:
"That the Petitioner has no other efficacious remedy available to them in the present urgent circumstances on account of the non-functioning of Appellate Tribunal Under the Prevention of Money Laundering Act, New Delhi due to the post of Chairperson being vacant, except filing the present petition before this Hon'ble Court to invoking their writ jurisdiction under Article 226 of the Constitution of India."
4. At the relevant point of time, the Petitioner had preferred an appeal before the Appellate Tribunal on 21st April, 2022 and had also filed the present writ petition.
5. It is the admitted position that the Appellate Tribunal is now constituted under the PMLA Act. The order under challenge is an Attachment Order which is appealable to the Appellate Tribunal. Accordingly, the Petitioner is permitted to avail of its appellate remedies before the Tribunal within a period of thirty days.
6. It is clarified that the Court has not examined the merits of the case. All the contentions of the parties are left open.
7. The present petition along with all pending applications, if any, is disposed of in the above terms.
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