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2023 (2) TMI 614 - HC - Money LaunderingMaintainability of petition - non-constitution of appropriate forum - Validity of provisional attachment order - It is the submission of Respondents that the Appellate Tribunal under the PMLA Act has now been constituted and the Petitioner ought to be relegated to the Appellate Tribunal - HELD THAT:- In the present petitions before the Court, since the Appellate Tribunal under the PMLA Act has now been constituted, in the opinion of this Court, the entire issue would have to be comprehensively considered by the Appellate Tribunal. There are already two pending appeals filed by the ED in respect of the earlier order of the AA. The present PAO is now challenged before this Court. Therefore, the entertaining of this petition, at this stage, when the Tribunal stands constituted could result in multiplicity of proceedings and also there is a possibility of conflicting rulings, which ought to be avoided. Considering that the impugned provisional attachment order by the ED was of 27th November, 2020 and the present writ petition was filed way back in September, 2021. The Supreme Court in M.A. No. 21 of 2022 of Suo Moto Writ Petition (C) No. 3/2020 titled ‘In Re: Cognizance for Extension of Limitation’ [2021 (11) TMI 387 - SC ORDER] had held that the period between 15th March, 2020 to 28th February, 2022 would not be counted for the purpose of limitation. It is accordingly directed that the present writ petition shall be treated as an appeal challenging the PAO dated 27th November, 2020. This appeal to the PAO shall be considered by the Appellate Tribunal under the PMLA Act in accordance with law along with the two pending appeals filed by the ED. The stay application filed before this Court shall be considered as a stay application before the Appellate Tribunal under the PMLA Act. Petition disposed off.
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