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2017 (12) TMI 97 - AT - Money LaunderingOffence under PMLA - provisional attachment orders - final order by the Madras High Court was reserved on 13.06.2017 and the same was rendered on 13.07.2017, whereby the provisional attachment order 09/2017 dated 07.04.2017 was quashed - Held that:- We are of the view that it is a serious matter that once the Adjudicating Authority as well as the Deputy Director, Directorate of Enforcement were party before the Writ Petition where the quashing orders were passed and were aware of the proceedings, the impugned order has been passed contrary to the judgment given by the Madras High Court stated to be on account of some communication gap. We are of the view that necessary steps should be taken immediately so that it should not happen in future as the Adjudicating Authority is supposed to respect the orders of Higher Courts. In the present case, there is no valid explanation given by the learned counsel for the respondent as to why the order of the High Court was not given due respect except the statement made by the learned counsel for the respondent that the Department may challenge the order passed by the Madras High Court or the respondent might not be aware. At present there is no impediment not to accept the judgment of the Higher Court i.e. Chennai High Court where the proceedings of Section 5 (Provisional Attachment Order) have been quashed. Thus the attachment does not exist. The appellant would be entitled to take back the possession of the attached property as per procedure to release the properties.
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