2021 (12) TMI 1506 - HC - Money Laundering

Money Laundering - provisional attachment order - issuance of status quo order - HELD THAT - The property was provisionally attached and the Adjudicating Authority has confirmed the order vide order dated 09.11.2018. When the matter was challenged before the Appellate Authority, the Appellate Authority vide order dated 21.12.2018 passed the following orders As agreed, status quo shall be maintained by both the parties as of today 12 00 O clock. This order was passed on 21.12.2018. Prior to this date vide Annexure-4 and Annexure-5 dated 28.11.2018 and 14.12.2018, petitioner was informed that in compliance of provisions contained in Sub-section 4 of Section 8 of the Prevention of Money Laundering Act, constructive possession of the premises has been taken over by the Enforcement Directorate. This fact was not brought to the notice of the Appellate Authority. The order dated 09.11.2018 which is challenged in this writ petition is already under challenge before the Appellate Authority and this Court cannot entertain the present writ petition, merely, because the Appellate Authority is not functioning, more particularly, when stay was obtained from the Appellate Authority without disclosing about the constructive possession being taken over. No question arises before this Court to entertain the present writ petition - Petition dismissed.

Summary

The petitioner filed a Civil Writ Petition challenging an order related to the Hotel Palak Paradise under the PMLA. The Adjudicating Authority confirmed the order, which was then challenged before the Appellate Authority. The Appellate Authority issued a status quo order, but the petitioner approached the High Court as the Appellate Authority was not functional. The High Court dismissed the petition as the matter was already under challenge before the Appellate Authority, and the High Court could not intervene. The petition was accordingly dismissed, and the stay application was disposed of.