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TMI Blog2023 (5) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... ough hybrid mode. 2. The present petition has been filed by the Petitioner company challenging the impugned order dated 27th January, 2023 passed by the Adjudicating Authority under PMLA Act, 2005 in OC 1794/2022 in PAO No. 14/2022 dated 2nd August, 2022. The question raised in this petition is whether the Adjudicating Authority consisting of only one technical member can hear the cases under the PMLA Act, 2005 and pass attachment orders. 3. Ld. Counsel for the Petitioner has placed reliance on the recent judgment of the Telangana High Court in W.P.(C) 34238/2022 titled M/s Hygro Chemicals Pharmtek Pvt. Ltd. v. Union of India & Anr., and the batch of judgments. It is the contention of the ld. Counsel for the Petitioner that in the said ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal. The relevant portion of the judgement dated 4th January, 2023 in Sanjay Jain (IN JC) v. Directorate Of Enforcement, 2023/DHC/000078 is set out below:- "7. Heard. Admittedly, Sh. Pankaj Jain and Sh. Sanjay Jain are brothers. They own equal shares in the properties listed above. The ED is seeking eviction of the occupants from the properties, qua the share of Sh. Pankaj Jain, but the same are under occupation of the family of Sh. Sanjay Jain or tenants. The appeal filed by Sh. Pankaj Jain against whom the attachment order has been finally confirmed, is presently pending before the Appellate Tribunal constituted under Section 25 of PMLA. 8. Appeals to the PMLA Appellate Tribunal are provided for in Section 26 of PMLA. Section 26 of P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of filing of the appeal. 9. A perusal of Section 26 of the Prevention of Money Laundering Act, 2002 shows that orders of attachment passed by the Adjudicating Authority are appealable to the Appellate Tribunal at the instance of `any person aggrieved'. In the opinion of this Court, Sh. Sanjay Jain who is the Petitioner before this Court would also be a `person aggrieved' who would be entitled to approach the Appellate Tribunal and challenge the attachment order or object to the impugned notices issued pursuant to the attachment order." 7. In the recent decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a violation would be over a mandatory prescription as against a discretionary one is primarily within the domain of the Tribunal. So also, the issue governing waiver, acquiescence, and estoppel. We wish to place reliance on the decision of this Court in Hari Vishnu Kamath v. Syed Ahmad Ishaque, (1955) 1 SCR 1104. xxxx xxxx xxxx 16. Approaching the High Court for the consideration of an offer by the borrower is also frowned upon by this Court. A writ of mandamus is a prerogative writ. In the absence of any legal right, the Court cannot exercise the said power. More circumspection is required in a financial transaction, particularly when one of the parties would not come within the purview of Article 12 of the Constitution of India. When ..... X X X X Extracts X X X X X X X X Extracts X X X X
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