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2015 (9) TMI 1252 - MADRAS HIGH COURT

2015 (9) TMI 1252 - MADRAS HIGH COURT - TMI - Provisional Attachment - Complaint under Section 5(5) of the Prevention of Money-Laundering Act, 2002 - Held that:- the fact remains, challenging the confirmation of Provisional Order of Attachment, the statutory appeal has been preferred by the petitioner and other persons. The impugned notice has been served only on the petitioner and not on any other resident residing and even the name of any other resident has not been given in the said notice. .....

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s from the date of filing of the appeal, in terms of Sub-Section (6) of Section 26 of the said Act. - The writ petition is disposed of and the petitioner and other appellants are at liberty to move the appeal filed by them before the Appellate Authority, for hearing and disposal, or in the alternative, move an application for stay pending disposal of the appeal, within a period of four weeks from the date of receipt of a copy of this order and till such time, the second respondent shall defe .....

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ct) against Tvl. S.Muralidharan, R.Chandrasekaran, S.Kumar @ Vijayakumar, N.Devaraj @ N.Devarajan (petitioner herein), V.J.Vijayakumar, S.Elumalai, S.Ravi, R.Punithavathi, D.Senthil, D.Kalaiselvam, M.Usha, Adam Khan @ Aatham Khan, R.Jayanthi, V.J.Sasikala, R.Usha, N.Hema @ Hemamalini, D.Radha, E.Bhuvana, M.Haridoss, M.Gajalakshmi, H.Vijaya Baskar, the Legal Heris of K.Shanmugam and the Branch Manager of Syndicate Bank, Housing Finance Branch, Mylapore, Chennai, and on the basis of the materials .....

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further, that the properties attached, are proceeds of crime or value thereof, and are involved in money laundering and by citing the said reasons, the said Authority has confirmed the Provisional Attachment Order and also indicated that the order shall continue during the pendency of the proceedings relating to any offence under the Money-Laundering Act before the Court or under the corresponding law of any other country, before the competent Court of criminal jurisdiction outside India, as th .....

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, have been complied with in full. 5. The second respondent herein has issued the impugned notice dated 26.2.2015, stating that the Provisional Order of Attachment was subsequently confirmed by the Adjudicating Authority and in compliance of Section 8(4) of the Money-Laundering Act, he will take possession of the above said property, which shall be at the disposal of the Directorate of Enforcement until further orders and therefore, called upon the petitioner herein and other resident of No.43, .....

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e the Appellate Authority constituted under the said Act, and necessary fees have also been paid and till the appeal is taken up for hearing, further proceedings pursuant to the impugned notice dated 26.2.2015, issued by the second respondent, may be stayed. 7. Per contra, Mr.M.Dhandapani, learned Counsel, who accepted notice on behalf of the respondents, has invited the attention of this Court to Section 8(4) of the Money-Laundering Act and would submit that where the provisional order of attac .....

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perused the materials placed before it in the form of typed-set of documents. 9. It is the submission of the learned Counsel appearing for the petitioner, that challenging the legality of the order of confirmation of the Provisional Attachment Order dated 7.1.2015, passed by the Adjudicating Authority, the statutory appeal under Section 26 of the Money-Laundering Act, has been filed on 22.2.2015, and the appeal papers are perfectly in order and he may need some time to either move the appeal, or .....

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