2018 (2) TMI 1060 - HC - Money Laundering

Offence under PMLA - respondents are not pressing the interim order granted by the Appellate Tribunal, Prevention of Money Laundering Act, at New Delhi - Held that - Though Mrs.G.Hema, Special Public Prosecutor, appearing for the appellant seeks for interference of the orders, impugned in these appeals and also sought for an answer on the substantial questions of law, raised in the instant Civil Miscellaneous Appeals, in view of the averments and submission of the learned Senior Counsel, we are of the view that there is no need to address the above. In the instant case, as the interim orders passed by the Tribunal, are not pressed by the respondents, the same shall be eschewed by the Tribunal, at the time of passing final orders. The parties are at liberty to seek for early disposal of the appeals, before the Tribunal.

Summary

Issues:
1. Interpretation of interim orders passed by the Appellate Tribunal under the Prevention of Money Laundering Act.
2. Disposal of Civil Miscellaneous Appeals due to respondents not pressing the interim order.

Interpretation of Interim Orders:
The judgment pertains to the interpretation of interim orders passed by the Appellate Tribunal under the Prevention of Money Laundering Act. The Court noted that the appellant had been granted interim stay of the impugned orders while entertaining the appeal on a previous date. The Court further highlighted that during the pendency of the appeal, a balance needed to be struck between the parties regarding the use of a passage between two properties. The appellant was allowed to continue using the passage subject to depositing 50% of a specified amount with the respondent. It was directed that the appellant could not sell, alienate, or construct on the property in question until the appeal decision was made.

Disposal of Civil Miscellaneous Appeals:
The judgment also addressed the disposal of Civil Miscellaneous Appeals due to the respondents not pressing the interim order. The Senior Counsel for the respondents informed the Court that they were not pressing the interim order granted by the Appellate Tribunal. Consequently, the respondents filed an affidavit reiterating their stance on not pressing the interim order. The Court acknowledged the submission of the Senior Counsel and the affidavit filed by the respondents. Despite the Special Public Prosecutor for the appellant seeking interference in the impugned orders and raising substantial legal questions, the Court decided that there was no need to address these issues due to the respondents not pressing the interim orders. As a result, the Civil Miscellaneous Appeals were disposed of without costs, and connected Miscellaneous Petitions were closed. The Tribunal was directed to eschew the interim orders when passing final orders, and the parties were given the liberty to seek early disposal of the appeals before the Tribunal.