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2022 (12) TMI 1381 - HC - Money LaunderingAttachment of Immovable properties - proceeds of crime - contention is that the Enforcement Directorate has no right to attach the properties of the petitioners and continue with the attachment proceedings in the teeth of the interim order granted by this Court - HELD THAT:- In the event the submission of the learned counsel for the petitioners is accepted, it would defeat the very power of attachment under sub-section (1) of Section 5 of the PMLA and if the Enforcement Directorate is permitted to move on with the attachment by seeking a confirmation order or proceeding to sell the attached properties, it would defeat the very proceedings pending before this Court in the predicate offences and the judgment of the Apex Court in the case of VIJAY MADANLAL CHOUDARY [2022 (7) TMI 1316 - SUPREME COURT]. Therefore, to keep the right of the petitioners and the respondent/Enforcement Directorate alive, I deem it appropriate to stall further proceedings in the impugned attachment order i.e., the provisional attachment order directing it not to be confirmed or it being taken any further, however, it would not mean that there can be release of the subjects of attachment in favour of the petitioners. If status quo has to be maintained in the proceedings under the IPC for the reason that there is an interim order; status quo has to be maintained in the proceedings of ECIR as well i.e., the impugned proceedings, all of which would mean that they are mutual to each other. The writ petition is allowed in part.
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