TMI Blog2020 (2) TMI 1685X X X X Extracts X X X X X X X X Extracts X X X X ..... roperties during the pendency of trial which commenced pursuant to the FIR dated 25.03.2013. Appeal disposed off. - CRA-S-4326-SB-2017(O&M), CRA-S-3916-SB-2017 (O&M) & CRA-S-4456-SB-2017 - - - Dated:- 28-2-2020 - HON'BLE MR. JUSTICE RAJIV SHARMA AND HON'BLE MR.JUSTICE AJAY TEWARI Mr.Satya Pal Jain, Senior Advocate, Addl.Solicitor General of India with Mr.Arvind Moudgil, Senior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned Appellate Tribunal. The learned Appellant Tribunal passed the order releasing the properties from attachment on 28.08.2017. Para 20 of the order reads as under:- 20. In the light of above, the schedule 'A', 'B' and 'C' properties are released from the attachment and the appellant Banks may take the possession of these properties mortgaged with them as secure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the respondent. Accordingly, the misc. application nos.MP-PMLA-3318/JL/2017 MP-PMLA-3318/ JL/2016 are disposed off. We have gone through the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act ) as well as Prevention of Money Laundering Act, 2002 (in short PMLA ). The purpose of both enactments is different. The PM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that PMLA would prevail over the SARFAESI Act. The adjudicating authority could not release the properties during the pendency of trial which commenced pursuant to the FIR dated 25.03.2013. Accordingly, the appeals are disposed of. The impugned orders are set aside. Parties can avail remedy after final adjudication by the trial Court. The parties are directed to maintain status quo til ..... X X X X Extracts X X X X X X X X Extracts X X X X
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