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2014 (2) TMI 1305 - HC - Money LaunderingOrder of provisional attachment - Jurisdiction of judicating Authority, which has subordinate jurisdiction to that of a High Court confirming the order of provisional attachment, especially, when the petitions filed by the appellants-original petitioners were pending before this Court - alternative remedy - Held that:- Section 35 of the PMLA Act provides the procedures and powers of Appellate Tribunal under the Act. It goes without saying that the Act, itself, is a self-contained Act, and therefore, even after a contention is raised by both learned Sr. Advocates, Mr. Thakore and Mr. Joshi, that the Tribunal shall have no jurisdiction, same does not find favour with us. Also unable to persuade ourselves to accept the submission made by the learned Sr. Advocates that the Tribunal would not exercise jurisdiction, only because the concerned authority has relied upon a decision of the Andhra Pradesh High Court, which is a subject-matter of appeal before the Hon’ble Apex Court. Be that as it may, the Act being a complete Code in itself and in view of the fact that we are inclined to dismiss the appeals only on the ground of jurisdiction, the other submissions made and the decisions cited by the learned Counsels for the appellants and the respondents are not delve upon in extenso by us, leaving it open for the parties to raise the same before the appropriate forum in appropriate proceedings. The reason for the same being, this Bench is of the opinion that the learned Single Judge has, after considering the provisions of the Act, has relegated the parties to the most efficacious alternative remedy available to them under the law and we do not think that we would like to interfere with same.
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