PMLA Appellate Tribunal Failed to Consider Issues on Confirmation of Provisional Attachment Order: Delhi HC sets aside Order [Read Order]
The court set aside the order and the application of the appellant for supply of documents is restored to its original number on the records of the Appellate Tribunal
PMLA Appellate Tribunal – PMLA – Prevention of Money Laundering Act – Delhi HC – Delhi High Court – Delhi HC PMLA Decision 2024 – Taxscan
PMLA Appellate Tribunal – PMLA – Prevention of Money Laundering Act – Delhi HC – Delhi High Court – Delhi HC PMLA Decision 2024 – Taxscan
The Delhi High Court set aside the order passed by the Appellate tribunal under the Prevention of Money Laundering Act,( PMLA ), 2002 since it failed to consider issues on confirmation of provisional attachment order. The court set aside the order and the application of the appellant for supply of documents is restored to its original number on the records of the Appellate Tribunal.
Counsel for the appellant, Vijay Choudhary submitted that the Appellate Tribunal has erred in holding that the appeal filed by the appellant only impugns the order confirming the provisional attachment and did not impugn the order rejecting the application filed before the Adjudicating Authority for non-supply of certain documents and non-supply of legible copies of certain Relied Upon Documents.
A provisional attachment order was passed attaching certain immovable properties inter alia belonging to the appellant. This was followed by an original complaint dated 27.08.2015. Senior counsel for the appellant stated that a short order was made available which referred to a detailed order, however, the detailed order was not supplied till January, 2016. Subsequently, by order dated 14.12.2015, the provisional attachment was confirmed.
The Appellate Tribunal has noticed that the application filed by the appellant seeking copies of Relied Upon Documents was dismissed by the Adjudicating Authority on 24.11.2015, followed by confirmation of the provisional attachment. The impugned order records that an appeal has been filed only against the confirmation of provisional attachment order and not against the dismissal of the application to seek copies of Relied Upon Documents.
A division bench comprising Justice Sanjeev Sachdeva and Justice Ravinder Dudeja viewed that the Tribunal has erred in not noticing that the appellant has not only impugned the order of confirmation of provisional attachment, but also the order whereby the application of the appellant seeking copies of the Relied Upon Documents was rejected.
The court set aside the order and the application of the appellant for supply of documents is restored to its original number on the records of the Appellate Tribunal.
To Read the full text of the Order CLICK HERE
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