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2019 (2) TMI 95 - AT - Money LaunderingPossession of attached property - Interim order - whether the ED is entitled to take the possession once the property is already attached by the Prohibition of Benami Property Transaction Act, 1988 and the subject matter which is holding the property in custodia legis? - Held that:- There is no force of the argument of Shri Nitesh Rana to take the possession of the property at this stage as in the case of Kanhaiyalal V. Dr. D.R. Banaji and others [1958 (3) TMI 79 - SUPREME COURT OF INDIA], it is settled that without leave of that court/tribunal, it would amount committing for contempt of the Court as the property is already held by other authority who, ultimately may be adjudged the proceeding as per law. The principle of law laid down also helps the facts of this case prima facie in favour of the appellant - List on 20th May, 2019.
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