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2019 (1) TMI 133 - AT - Money LaunderingOffence under PMLA - Provisional Attachment Order - Held that:- It is an admitted fact that Appellant is not made a Party either in the Provisional Attachment Order under Section 5(1) nor in the O.C. filed before the Adjudicating Authority under Section 5(5) of PMLA, 2002. There is no denial on the part of the respondent regarding the execution of registered deed of agreement to sale executed on 22.03.2013. It is prima facie felt that the Appellant should have been made a party to the proceedings before the Adjudicating Authority in the interest of justice and complete adjudication of the case appellant should have been given proper opportunity being heard as provided under the provisions of PMLA, 2002. Order confirming the attachment to the extent of the property in question is set aside. The matter is remanded back to the Adjudicating Authority. The Appellant shall file the necessary reply before the Adjudicating Authority within twenty days, not beyond thirty days, from the date of this Order, with an advance copy of the said reply to be served on ED. The Adjudicating Authority, thereafter, shall decide the reply of the appellant within 150 days from the date of receipt of such reply, in accordance with law, after giving due opportunity to both the parties.
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