The has rejected an application by seeking permission to transfer funds from its bank accounts at to . The ruling, delivered by Justice C.M. Poonacha, maintains the current status of the funds, which were frozen following investigations by the (ED) into alleged activities linked to the parent company, . The court determined that allowing such a movement of assets would undermine the ongoing legal proceedings under the .
The controversy stems from the ’s probe into the business operations of , which hosts a popular real-money gaming application. The agency has alleged that the parent company acted as an intermediary for online games and engaged in the illicit transfer of approximately Rs 447.86 crore to its wholly-owned subsidiaries, including the petitioner, , under the guise of foreign direct investment. Following search and seizure operations, the ED issued a Order on , which was subsequently confirmed by the on .
Impending Account Closure and Legal Strategy
approached the High Court with an interim application after receiving formal notification from that its banking relationship with the firm would be terminated, with the accounts set for closure effective . Facing the prospect of losing access to the accounts altogether, the petitioner proposed a mechanism to migrate the funds to . Under this proposal, argued that the funds would remain in a separate, identifiable account, thus preserving the while ensuring business continuity in the United States.
Counsel for the petitioner argued that the of the funds should remain in the United States to support the company’s ongoing operations. Furthermore, they contended that the of the bank accounts should not function as an absolute bar on necessary corporate banking activities, provided that the underlying assets remain effectively secured. However, the court remained unconvinced by this logic, emphasizing that the primary objective of the PMLA is to prevent the or of property deemed to be .
Risk of Asset
The vehemently opposed the petitioner's plea, citing a significant risk of fund . In its objections, the agency highlighted that the directors of the parent company had previously attempted to move Rs 22.48 crore from these accounts while one of the directors was in . The ED argued that permitting any movement—regardless of the purported destination—would weaken the enforcement orders.
Addressing the potential for financial loss, the court noted:
"Prior to consideration of the same, if the relief sought for in IA No.3 is granted, the same would tantamount to diluting the effect of the PAO and
."
The court’s position reflects a cautious approach to the management of properties currently under legal scrutiny, ensuring that no further changes in the custody of these assets can occur until the main
challenging the
and confirmation orders is fully adjudicated.
Interpretation of Statutory Provisions
The legal debate centered on the scope of the "" of property under the PMLA. The court referenced the ’s landmark judgment in
, which clarified the extent to which authorities can control and possess property during the pendency of a
investigation. The
had previously observed:
"The need to take possession of the attached property would arise only for giving effect to the order of confiscation."
While the High Court recognized the potential operational difficulties faced by the subsidiary in the United States, it concluded that the petitioner had failed to place sufficient details regarding its specific business requirements on the record. Consequently, the bench held that the court could not authorize the movement of funds that form the subject matter of an active dispute over their legal status.
A Path to Secure Transfer
While denying the petitioner's direct request for a court-monitored transfer to another private bank, Justice Poonacha provided a pragmatic alternative. The court observed that the had, in its written objections, indicated a willingness to receive the funds in its own official government account. The court clarified that the petitioner is at liberty to request the ED to facilitate the transfer of the balance from the closing accounts directly to the agency’s designated account at the .
This directive creates a potential roadmap for securing the assets: if the petitioner makes such a request, the authorities are mandated to facilitate the transfer. The court emphasized that even if transferred to the government’s account, the funds will continue to be treated as property attached under the PMLA. They will remain subject to the ongoing investigation and the final outcome of the , ensuring that the company’s rights are protected should it ultimately succeed in its legal challenge.
With the interim application dismissed, the proceedings concerning the main are now scheduled for further consideration on . The matter remains a critical test case regarding the limits of corporate asset management under the strictures of India’s anti- framework.
asset attachment - financial compliance