Law and Practice : Digital eBook
Research is most exciting & rewarding
Home Case Index All Cases PMLA PMLA + HC PMLA - 2023 (5) TMI HC This
Forgot password New User/ Regiser
Register to get Live Demo
2023 (5) TMI 868 - HC - PMLA
Jurisdiction to hear PMLA cases - whether the Adjudicating Authority consisting of only one technical member can hear the cases under the PMLA Act, 2005 and pass attachment orders? - HELD THAT:- This Court has already taken the view that under Section 26 of PMLA Act, any person aggrieved by an order is entitled to approach the Appellate Tribunal.
In the recent decision of the Supreme Court in M/S. SOUTH INDIAN BANK LTD. & ORS. VERSUS NAVEEN MATHEW PHILIP & ANR. ETC. ETC. [2023 (5) TMI 798 - SUPREME COURT]] the Court has observed that the statutory mechanism needs to be followed and writ jurisdiction ought to be exercised with caution.
The opinion of the Court is that the Petitioner who claims a beneficial interest in the property ought to approach the Appellate Tribunal under Section 26 of the Act. At this stage, ld. Counsel for the Petitioner submits that he may be permitted to approach the Appellate Tribunal.
The petition is dismissed as withdrawn with liberty to approach the Appellate Tribunal constituted under Section 26 of the PMLA Act.