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2013 (2) TMI 343 - HC - Money LaunderingAttachment of Property – whether the order of provisionally attachment passed by the Enforcement Director ceases to have effect after expiry of period of 150 days – petitioner has objected on the ground that the time period of 150 days as laid down in sub Section (3) of Section 5 of the. At, 2002 has since lapsed and, as such, the complaint cannot be adjudicated upon by the Adjudicating Authority – Held that:- The principle is rested upon a public policy enunciated in the maxim 'actus curiae neminem gravabit”. This maxim is founded upon justice and good sense and also affords safe and certain guide for the administration of law. By virtue of the intervention of a Court, which intended to examine the veracity of the claim made in the case, no party can be construed to have been prejudice by the delay that occasioned in testing the question by the Court. The principle laid down shall also be applicable in the facts of the present case. The delay caused on account of the proceedings having been stalled on the statement made by the respondent which he later on sought to rectify by moving an application for proponing of the date of hearing, cannot be used to prejudice the respondents. Thus, the period from the date when the respondent gave an undertaking before this Court i.e. 07.06.2011 till the passing of the order shall have to be excluded from the stipulated time period of 150 days as provided under the Act, 2002 for the purpose of sub Section (3) of Section 5 of the Act, 2002 – Petitions disposed of with liberty to the petitioner to file his reply/response.
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