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PRATHIBA M. SINGH
Indian Overseas Bank – Appellant
Versus
Deputy Director, Director of Enforcement, Lucknow – Respondent
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 ha
The maintainability of a petition challenging impugned orders under the Prevention of Money Laundering Act (PMLA) when the same orders had already been dealt with in a previous order, and the petitio....
The court affirmed that the petitioner's grievance must be raised before the Appellate Tribunal as the Adjudicating Authority's failure to consider an application does not preclude the availability o....
The appeal process to the Appellate Tribunal under Section 26 of the PMLA Act is available to persons aggrieved by an order made by the Adjudicating Authority.
The court emphasized the jurisdiction based on the location of the Appellate Authority, the wide power of the Appellate Tribunal, the limited scope of seeking constitution of a two-member Bench under....
The central legal point established in the judgment is the need for comprehensive consideration of the issue by the Appellate Tribunal under the PMLA Act and the implications of the establishment of ....
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