2019 (12) TMI 1008 - HC - Money Laundering

Power of Tribunal to proceed with the matter - this court remanded the matter to the Appellate Tribunal for PMLA and directed the said Tribunal to restore the appeal and after hearing both the parties decide the same within six weeks from the receipt of this order - HELD THAT - The petitioner submits that the Hon ble Supreme Court has granted status quo qua the property in question, however, there is no status quo to proceed with the matter by any court including the Appellate Tribunal of PMLA. This fact has not been disputed by counsel for the respondent. Thus, it is clarified that the order of the status quo of the Supreme Court is regarding the disposal of the property, therefore, Appellate Tribunal of PMLA is directed to comply with the order dated 01.11.2019 passed by this court within six weeks from today - application disposed off.

Summary

Issues: Clarification of order for Appellate Tribunal proceedings

The High Court clarified an order regarding the proceedings of the Appellate Tribunal for PMLA. The matter was remanded to the Tribunal for restoration of appeal and decision within six weeks. The order was based on the consent of both parties and in reference to a previous court order. The Supreme Court had granted status quo regarding the property in question, but there was no stay on proceeding with the matter by any court, including the Appellate Tribunal of PMLA. The court directed the Tribunal to comply with the order within six weeks. The application seeking clarification was disposed of accordingly.

The main issue before the High Court was to clarify the order for the Appellate Tribunal to proceed with the matter after it was remanded by the court. The court had directed the Tribunal to restore the appeal and make a decision within six weeks. The order was made based on the consent of the parties and in reference to a previous court order in a related matter. The counsel for the non-applicants/petitioner highlighted that the Supreme Court had granted status quo regarding the property but clarified that it did not prevent the Tribunal from proceeding with the case. The court emphasized that the status quo granted by the Supreme Court was related to the disposal of the property, not the proceedings of the Tribunal. Therefore, the Appellate Tribunal of PMLA was directed to comply with the court's order within the specified time frame.

The clarification provided by the High Court aimed to address the confusion regarding the status quo granted by the Supreme Court and its impact on the proceedings of the Appellate Tribunal. The court made it clear that the status quo was specific to the property in question and did not hinder the Tribunal from carrying out its functions. By directing the Tribunal to adhere to the court's order within six weeks, the High Court ensured that the matter would proceed as per the remand order. The application seeking clarification was disposed of, bringing clarity to the parties involved and setting a timeline for the Tribunal to act in accordance with the court's directions.