2021 (12) TMI 1053 - HC - Money Laundering

Maintainability of petition - availability of alternative remedy of appeal - Validity of Provisional Attachment order - HELD THAT - The writ petition is partly allowed by directing that, subject to the petitioners filing a statutory appeal before the Appellate Tribunal within a period of two weeks from today, the parties will maintain status quo qua the subject matter of the impugned order till the petitioners appeal and stay application are taken up for consideration by the Tribunal as and when it becomes functional.

Summary

Issues:
Challenge to order confirming Provisional Attachment order due to non-functional Appellate Tribunal for want of quorum.

Analysis:
The judgment pertains to a petition challenging an order confirming a Provisional Attachment order issued by the Adjudicating Authority, PMLA. The petitioners intend to file a statutory appeal before the Appellate Tribunal, PMLA, but due to the Tribunal's non-functionality because of quorum issues, they approached the High Court seeking relief. The petitioners requested the respondent to be restrained from taking any action based on the impugned order until their appeal and stay application are considered by the Appellate Tribunal.

The High Court issued notice to the respondent, who acknowledged the non-functionality of the Appellate Tribunal due to quorum issues. Consequently, the Court partly allowed the writ petition by directing that the parties maintain status quo regarding the subject matter of the impugned order until the petitioners' appeal is filed within two weeks. The respondent was restrained from taking any coercive action against the petitioners based on the order dated 13.12.2021. The Court clarified that it did not express any opinion on the merits of the claims raised in the petition and that its order would merge with any future orders passed by the Tribunal on the appeal and stay application once it becomes functional.