TMI Blog2019 (12) TMI 809X X X X Extracts X X X X X X X X Extracts X X X X ..... ade to the vendors and salary of the staff etc. and if the amount so deposited by the Madhya Pradesh Govt. is not released it is likely that the entire project shall be terminated. During the course of hearing, it is clearly submitted by the ld. Counsel for the respondent that the account in question has not been attached. The amount that has been attached to the tune of ₹ 5,53,401/- in six different banks accounts. The amount which is asked to be released by the appellant has not been attached or freezed under the PAO. This Tribunal has a limited jurisdiction of deciding legality and propriety of the impugned order, since the amount sought to be de-freezed are beyond the scope of the Provisional Attachment Order and the order of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant company is currently running a project under National Food Security Act 2013 in the State of Madhya Pradesh since 2015 and has employed more than 120 employees in the project. Until now the appellant company has been running the operations on the basis of the goodwill and has created an obligation to the tune of ₹ 16 crores in the form of payment to vendors, Salary to Staff and other statutory obligations. However, in the event of not vacating the provisional stay order the entire project would be frustrated and the employees of the appellant company would have to face un-employment. ii. The project is being monitored under section 24 of the National Food Security Act 2013 by the State of Madhya Pradesh, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot de-freezing the bank accounts of the applicant and making payment of vendors and salaries of employees, the entire project shall be terminated. On perusal of the annexure no. 1 i.e. letter dated 13.05.2019 we do not find any such contentions therein. So, in my considered view the additional document dated 13.05.2019 has no relevance hence the application to take the additional documents on record is rejected. 5. Coming to Misc. Petition 6361/MUM/2019, the respondent has filed reply to the application Ad interim relief. The relevant paras of the reply are re-produced below: .. 3. That the present case pertains to Provisional attachment Order dated 14.02.2019 pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as it would have adverse bearing on further action by the department under PMLA which is duty bound to follow the scheme of the Act and thereby secure the balance proceeds of crime in the hands of the Appellant Company That as such there is no impugned action taken by the department for which the appellant is seeking relief as the present case pertains only to attachment of ₹ 5,53,401/- available at the relevant time in six bank accounts namely-Axis Bank, Bank of Baroda, Bank of Maharashtra, Central Bank of India, Central Madhya Pradesh Bank Gramin Bank Union of India- found at serial Nos. 113-118 of Schedule A3 to the OC No. 1104 in PAO no. 1/2019 dated 14.02.2019 (refer page no. 86 of the present appeal). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat only ₹ 5,53,401/- lying in different banks have been attached and no other amount has been attached. 8. During the course of hearing, it is clearly submitted by the ld. Counsel for the respondent that the account in question has not been attached. The amount that has been attached to the tune of ₹ 5,53,401/- in six different banks accounts. The amount which is asked to be released by the appellant has not been attached or freezed under the PAO. This Tribunal has a limited jurisdiction of deciding legality and propriety of the impugned order, since the amount sought to be de-freezed are beyond the scope of the Provisional Attachment Order and the order of confirmation of the said PAO and is not with respect t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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