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2021 (11) TMI 1060 - HC - Money LaunderingSeeking stay on operation of the impugned order be stayed till the petitioner s pending appeal - HELD THAT - The writ petition is partly allowed by directing that till the petitioner s pending appeal and stay application are taken up for consideration by the Tribunal as and when it becomes functional, both sides will maintain status quo qua the subject matter of the impugned order dated 22.03.2021. Consequently, the respondents will stand restrained from taking any action against the petitioner in pursuance of the impugned order till then. Petition disposed off.
Issues:
Challenge to order under Prevention of Money Laundering Act, 2002; Stay of impugned order pending appeal due to non-functional Appellate Tribunal. Analysis: The petitioner filed a writ petition challenging an order passed by the Adjudicating Authority under the Prevention of Money Laundering Act, 2002. The petitioner had also filed a statutory appeal against the impugned order, but it was not being considered as the Appellate Tribunal was non-functional. The petitioner sought a stay on the operation of the impugned order until the appeal and stay application could be heard by the Tribunal. The Court noted the non-functionality of the Appellate Tribunal and directed that both parties maintain the status quo regarding the subject matter of the impugned order until the petitioner's appeal and stay application are heard by the Tribunal. Consequently, the respondents were restrained from taking any action against the petitioner based on the impugned order during this period. The writ petition was partly allowed for this purpose. The Court clarified that its order would merge with any future order passed by the Tribunal on the petitioner's appeal and stay application when the Tribunal becomes functional. It was emphasized that the Court did not express any opinion on the merits of the petitioner's claim. The petition, along with the pending application, was disposed of in light of the directions given regarding the stay of the impugned order pending appeal.
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