Home Case Index All Cases Money Laundering Money Laundering + AT Money Laundering - 2017 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1140 - AT - Money LaunderingPMLA - provisional attachment - Held that:- In exercise of the powers conferred under clause (f) of sub-section 2 of Section 35 of the Act, the Tribunal’s order is reviewed to the extent it upheld the confirmation of the provisional attachment of the subject property to the extent of the appellant’s undivided share, right, title and interest in the subject property. Accordingly, the order dated 16th September, 2013 in Original confirming passed by the Adjudicating Authority is set aside to the extent of the above and the matter is remanded to the Adjudicating Authority for issue of notice under Section 8(1) of the Act to the appellant, and also to the defendant therein (respondent-R-2 herein) with a copy to the Respondent-1 herein, and to decide the matter in accordance with law after giving an opportunity to the parties to file the reply to the notice along with documents which they rely on and after according opportunity of personal hearing to all parties including the Respondent-1 herein. We may clarify that till the matter is decided by the Adjudicating Authority, the subject property to the extent indicated above shall remain attached in terms of the provisions of the PMLA till the completion of the proceedings as directed. Further, the appeal against the order dated 16th September, 2013 confirming the attachment of the remaining portion of the subject property already stands rejected by this Tribunal Order dated 25.01.2016. This Tribunal also directs that subject to the appellants furnishing an undertaking not to transfer, sell create any encumbrance or third party rights in the subject premises and the subject property to the extent of their undivided share, title and interest during the pendency of the proceedings as aforesaid, the Respondent No. 1 shall restore physical possession of the Subject Premises, more particularly described in Exhibit “B” to this Appeal, to the appellants within two weeks from furnishing such undertaking. The appellant no. 1 would be entitled to enjoy the possession of the premises in question to the extent of their claim and which was occupied by him at the time of taking the possession in the year by the respondent-1 in 2014.
|