FINAL ORDER

29.10.2025

This Order disposes of the Appeal No. FPA-PMLA-3000/DLI/2019 filed by Shri Karti P. Chidambaram, against the Order dated 29.03.2019 (Impugned Order) passed by the Ld. Adjudicating Authority (AA) under the Prevention of Money Laundering Act, 2002 (PMLA) in the Original Complaint No. 1045/2018 (OC). The Provisional Attachment Order No.09/2018 dated 10.10.2018 (PAO) was confirmed vide the Impugned Order. The properties of the Appellant for which the provisional attachment have been confirmed vide the Impugned Order are listed as follows:

(A) Land and property 115-A Block 172 Jorbagh, New Delhi- 110003 50%, share of Shri Karti P. Chidambaram, Rs. 16.05 crore as per income tax return of Shri Karti P. Chidambaram, Sale deed through Sh. S. Bhaskararaman, General Attorney of Sh. Karti P. Chidambaram and Smt. Nalini Chidambaram registered vide No.7796 in Book No. I, Volume No. 13,445 on page 165 to 184 dated 22.8.2014 with Sub Registrar (V), Delhi, Shri Karti P. Chidambaram and Smt. Nalini Chidambaram.

(B) Indian Overseas Bank, Nungambakkam Branch, 109, Nungambakkam High Road, Nungambakkam, Chennai- 600034, Sh. Karti P Chidambaram, A/c No. 018304000002390 amount of Rs. 93,51,961.

(C) Indian Overseas Bank, Nungambakkam Branch, 109, Nungambakkam High Road, Nungambakkam, Chennai- 600034, Sh. Karti P Chidambaram, A/c No. 018304000002391 amount of Rs. 93,51,961.

(D) Indian Overseas Bank Nungambakkam Branch, 109, Nungambakkam High Road, Nungambakkam, Chennai- 600034, Sh. Karti P Chidambaram, A/c No. 018304000002392 amount of Rs. 93,51,961.

(E) Indian Overseas Bank, Nungambakkam Branch, 109, Nungambakkam High Road, Nungambakkam, Chennai- 600034, Sh. Karti P Chidambaram, A/c No. 018304000002393 amount of Rs. 93,51,961.

(F) Indian Overseas Bank Nungambakkam Branch, 109, Nungambakkam High Road, Nungambakkam, Chennai- 600034, Sh. Karti P Chidambaram, A/c No. 018304000002394 amount of Rs. 93,51,961.

(G) Indian Overseas Bank, Nungambakkam Branch, 109, Nungambakkam High Road, Nungambakkam, Chennai- 600034, Sh. Karti P Chidambaram, A/c No. 018304000002395 amount of Rs. 93,51,961.

(H) Indian Overseas Bank, Nungambakkam Branch, 109, Nungambakkam High Road, Nungambakkam, Chennai- 600034, Sh. Karti P Chidambaram, A/c No. 018304000002396 amount of Rs. 62,34,641.

2. Ld. Counsel for the Appellant stated that while the Impugned Order was passed on 29.03.2019, the ED filed its Prosecution Complaint under PMLA on 01.06.2020 i.e. after 430 days of the passing of the Impugned Order. Ld. Counsel argued that Section 8 (3) (a) of PMLA stipulates that the attachment after its confirmation by the AA, shall continue during investigation for a period not exceeding 365 days. He further argued that the continued attachment of the properties, including the Jor Bagh House belonging to the Appellant, post 29.03.2020, was bad in law. He contended that the Impugned Order ought to be set aside on this ground alone and the attached properties ought to have been released. Ld. Counsel for the Appellant confined his arguments to the provisions of Section 8 (3) (a) of PMLA. On being asked by the Bench, Ld. Counsel for the Appellant pressed for making arguments on this sole point relating to filing of the Prosecution Complaint under PMLA beyond the stipulated period. He clarified that no other point made in the pleadings is being pressed upon.

3. Ld. Counsel for the Appellant dwelt at length on why the Impugned Order be set aside since the Prosecution Complaint under PMLA was filed on 01.06.2020 which was much after 365 days of the passing of the Impugned Order on 29.03.2019. In this regard, Ld. Counsel drew attention to the Order dated 10.01.2022 of the Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020, whereby, it was directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi- judicial proceedings. The Order further