TMI Blog2023 (5) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... it the Petitioner Company through the RP to approach the Appellate Tribunal for restoration of its appeal within the next two weeks. The Appellate Tribunal would proceed to hear the appeal in accordance with law. Petition disposed off. - W.P.(C) 3852/2022 & CM APPL. 27740/2023 - - - Dated:- 23-5-2023 - JUSTICE PRATHIBA M. SINGH For the Petitioners Through: Mr Shahan Ulla Mr. Krishan Kumar, Advs. (M:9871452750) For the Respondents Through: Mr. Zoheb Hossain, Counsel for the ED with Mr. Vivek Gurnani, Mr. Kavish Garach and Mr. Vivek Gaurav, Advs. (M: 9769842146) PRATHIBA M. SINGH, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed challenging the impugned judgment dated 28th February 2022 passed by the Adjudicating Authority in Original Complaint No. 1503 of 2021 and the impugned Provisional Attachment Order No. 09 of 2021 (hereinafter PAO ) dated 28th June, 2021 whereby certain assets of the Petitioners have been attached under Section 8 of the Prevention of Money Laundering Act, 2002 (hereinafter PMLA ). The details of the properties are as under- Sr.No. Prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se3, Gurgaon, Haryana 4.12 14. M/s Frost International Limited C-70, Okhla Ind. Estate, Phase-I, New Delhi. 11.13 15. M/s Frost International Limited 907-908, 9th Floor, The Meadows Tower, Sahar Plaza, Kondvita Village, J.B. Nagar, Andheri (East), Mumbai 400059 6.75 16. M/s Frost International Limited 909-910, 9th Floor, The Meadows Tower, Sahar Plaza, Kondvita Village, J.B. Nagar, Andheri (East), Mumbai 400059 7.59 17. M/s Frost International Limited Office Space 4, 4A, 4B, 4C, 4D on the third floor at SB Tower premises no.37, Shakespeare Sarani, Ward 63 of KMC Kolkata 10.09 18. M/S Globiz Exim Pvt. Ltd. Shop No.1 to 4, Oberoi Chambers-1, CTS No.645, Village Oshiwara, Andheri West, Mumbai. 18.36 19. M/s NSD Nirman Pvt. Ltd. Shop 101 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 180 days period after the PAO was passed, as prescribed under the PMLA, has expired. Thus, the confirmation of the same is contrary to law. 4. Initially, vide order dated 7th March, 2022, the present petition had been dismissed on the ground of forum non-conveniens. 5. This order was challenged in a Letters Patent Appeal being LPA No. 262/2022 wherein the matter was remanded to this Court. 6. On 19th April, 2022, after considering the submissions made, the following interim order was passed the operative portion of which is extracted hereunder. 2. The challenge in the present petition is to an order passed by the Adjudicating Authority confirming a provisional attachment order in terms of Section 8 of the Prevention of Money Laundering Act, 2002 (PMLA). 3. The Court is apprised that the appellate authority is yet to be constituted and consequently, the petitioner is constrained to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Attention of the Court has further been invited to orders of final disposal passed by the Court on numerous other writ petitions raising identical challenges. For the purpose of evaluating, prima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the relevant point in time, the Appellate Tribunal was not functioning. The relevant portion of the writ petition is extracted below: 2. It is pertinent to note that the Petitioners are constrained to approach this Hon ble Court since the Appellate Tribunal for PMLA has been non-functional since the year 2020, as the seat of the Ld. Chairperson is lying vacant and no effective hearing of any Appeal is taking place. As such, the only efficacious remedy available with the Petitioners is vide the present Writ Petition. Although the Petitioners are in the process of preparing and filing their respective appeals within the statutory limitation period of the PMLA, the Petitioners apprehend that the Respondent No. 1 may take coercive steps against the Petitioners and their statutory right to Appeal may get frustrated due to the non-functioning of the Appellate Tribunal, PMLA. 12. The above submission is without prejudice to the argument that the attachment is in accordance with law and Section 14 does not bar the attachment by the ED. 13. Having considered the submissions made on behalf of the RP as also the ED, there is no doubt that the issue relating to the expiry of 180 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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