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2017 (8) TMI 1193 - AT - Money LaunderingAttachment orders - properties in question under the PMLA - possibility of revising, reversing or setting aside the said confirmatory order of attachment passed by Respondent No.2. - Held that:- In the facts of the present case Respondent No. 2 was duty bound to take cognizance of the proceedings pending before the Hon’ble Bombay High Court which was disclosed and the orders passed therein before the impugned order dated 25th March 2015 was passed by the Jt. Director, Enforcement Directorate, Hyderabad Zonal Office resulting in Final Attachment of the property which property was Custodia Legis in light of the orders passed by the Hon’ble Bombay High Court. As Respondent No. l had been made party to the Section 9 proceedings before the Hon’ble Bombay High Court and the same is sub judice, the Order passed by Respondent No.2 confirming the attachment is not sustainable. The impugned order passed by the Respondent No.2 is bad in law, contrary to the provisions of the Act and without appreciating the material on record and thus the same is liable be set aside. The appeal is accordingly allowed. The application filed by the appellant in view of order dated 12th January, 2016 is allowed. Even the provisional attachment order is also set aside. In case, the respondent no. 1 & 2 still wish to attach the properties in question under the PMLA as canvassed by them before us, they are at liberty to approach the Bombay High Court to seek liberty, where the properties are in the possession of the Court Receiver. However such application, if filed, will have to be decided on merit.
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