2021 (9) TMI 1407 - HC - Money Laundering

Continuation of Provisional Attachment order beyond the period of 180 days - HELD THAT - This Court is of the view that the Hon ble Single Bench has expressed its desire to ultimately adjudicate the issue on the strength of affidavits directed to be exchanged by the parties - it is observed that the Hon ble Single Bench has further directed that any decision taken by the adjudicating authority, if against the writ petitioner/the appellant, shall abide by the result of the writ petition. Having regard to the interim directions, this Court find no reason to intervene in the order of the Hon ble Single Bench except, to request the Hon ble Single Bench, to expedite the hearing of the writ petition, subject to its convenience - application disposed off.

Summary

Issues:
Challenge to order dated 2nd July, 2021 in the writ petition regarding continuation of adjudication under the Prevention of Money Laundering Act, 2020 beyond 180 days.

Analysis:
The appeal in question pertains to challenging an order dated 2nd July, 2021 in the writ petition under the Prevention of Money Laundering Act, 2020 (PMLA, 2020) to determine if the adjudication can extend beyond 180 days. The appellant argues that there is no provision in the PMLA, 2020 to continue adjudication beyond the specified period. The appellant has supported this argument with various authorities, as acknowledged by the Hon’ble Single Bench. On the contrary, the Respondents, represented by the Enforcement Directorate (ED), contend that the 180-day period can be extended due to directions issued during the pandemic to conclude pending adjudicatory processes. The Respondents also highlight the appellant's conduct as a factor in determining if the 180-day period has lapsed.

The Court, after hearing both parties and examining the evidence presented, notes the Single Bench's intention to resolve the issue based on affidavits to be exchanged by the parties. The Single Bench has directed that any decision made by the adjudicating authority against the appellant shall be subject to the outcome of the writ petition. The Court, considering the interim directions, decides not to interfere with the Single Bench's order but requests expedited hearing of the writ petition for prompt resolution. Consequently, the matter is disposed of, and affidavits are deemed unnecessary, with all other allegations considered denied and disputed. All parties are instructed to comply with the order available on the Court's official website for further actions.