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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Rbl Bank Ltd. – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT (Oral)
CM APPL. 20666/2023 (Exemption)
Allowed, subject to all just exceptions.
LPA 381/2023 & CM APPL. 20665/2023
1. The Appellant seeks to challenge the Order dated 22.03.2023, passed by the learned Single Judge in W.P.(C) 10048/2019, dismissing the writ petition.
2. A Provisional Attachment Order (PAO) No.12/2019 dated 02.09.2019 in ECIR No. ECIR/05/DLZO-II/2018 was passed by the Deputy Director, Directorate of Enforcement, New Delhi attaching the immoveable property bearing No. D-PH-01, 12th Floor, Central Park-I, Sector-42, Main Sector Road, Near DLF Golf Course, Gurgaon, Haryana (hereinafter referred to as `subject property') under Section 5(1) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as `PMLA Act').
3. Pursuant to the Provisional Attachment Order dated 02.09.2019, Original Complaint No.1201/2019 was filed by the Directorate of Enforcement on 26.09.2019. The Appellant/Bank approached this Court by filing W.P.(C) 10048/2019 challenging the Provisional Attachment Order dated 02.09.2019 seeking the following relief:
"(a) Issue an appropriate writ, order or direction, more particularly a writ of Certiorari thereby setting aside/quashing the
The court emphasized the availability of an alternate efficacious remedy within the scope of the PMLA Act and upheld the decision to relegate the Appellant/Bank to the Adjudicating Authority.
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.
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 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....
The court emphasizes that when statutory remedies are available, the extraordinary jurisdiction under Article 226 of the Constitution should not be exercised unless there are exceptional reasons to d....
Section 5 of the PMLA Act, empowers attachment and provisional attachment to protect the proceeds of crime being frustrated from confiscation by way of concealment, transfer etc.
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