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2017 (8) TMI 800 - ATPMLAProvisions of the PMLA applicability - possession of a property taken over in terms of the provisions of the PMLA - Held that:- In terms of Rule 7 of The Prevention of Money-laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013 (Possession Rules, for short) in cases where the confirmed attached property is in the custody of any court, the authorized officer is required to make an application to such court and that such applications shall contain a relief that such property may be released in favour of the Directorate of Enforcement. Pertinently, the said Possession Rules are of 2013 i.e later to the judgment in the case of Om Prakash Daulatram [2011 (9) TMI 1143 - BOMBAY HIGH COURT]. In view of the said Rule on the particular issue under consideration, the submission of the Ld. Counsel for the Respondent that even when the possession of a property is in the custody of the Court, the possession can be taken over in terms of the provisions of the PMLA without leave of the court is without any merit and is rejected. The impugned order as far as taking over possession of the subject flats are concerned, unconditionally. It is directed that till the appeals are finally decided, action for taking over possession of Flat No. 302, Shri Sai Nirmala Building, Bhavani Shankar Road, Dadar, Mumbai, Flat no. 303 and Flat No. 304, Jacob Apartment, Baburao Parulkar Marg, Bhawani Shankar Road, Dadar, Mumbai-400024 in pursuance of the impugned order and the notices under Section 8(4) of PMLA (if issued) shall remain stayed.
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