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TMI Blog2019 (2) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... held by other authority who, ultimately may be adjudged the proceeding as per law. The principle of law laid down also helps the facts of this case prima facie in favour of the appellant - List on 20th May, 2019. - MP-PMLA-5446/DLI/2019 (E.H.), MP-PMLA-5447/DLI/2019 (Stay) And FPA-PMLA-2785/DLI/2019 - - - Dated:- 21-1-2019 - Justice Manmohan Singh Chairman For the Appellant : Shri Inder Paul Bansal, Advocate, Shri Vivek Bansal, Advocate For the Respondent : Shri Nitesh Rana, Advocate ORDER FPA-PMLA-2785/DLI/2019, MP-PMLA-5446/DLI/2019 (E.H.) MPPMLA- 5447/DLI/2019 (Stay) 1. Fresh appeal has been filed under section 26 of Prevention of Money Laundering Act, 2002 against the order dated 29.11.2018 passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut leave of that court/tribunal, it would amount committing for contempt of the Court as the property is already held by other authority who, ultimately may be adjudged the proceeding as per law. 5. The proposition canvassed are appropriately considered in rendering the findings. It is also settled law that proceedings taken in respect of a property which is in the possession and management of a Receiver appointed by Court under Order 40, Rule 1 of the Code of Civil Procedure, without the leave of that Court, are illegal in the sense that the party proceeding against the property without the leave of the Court concerned, is liable to be committed for contempt of the Court, and that the proceedings so held, do not affect the interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough the revenue authorities, some time in 1940. The general rule that property in custodia legis through its duly! appointed Receiver is exempt from judicial process except to the extent that the leave of that court has been obtained, is based on a very sound reason of public policy, namely, that there should be no conflict of jurisdiction between different Courts. If a court has exercised its power to appoint a Receiver of a certain property, it has done so with a view to preserving the property for the benefit of the rightful owner as judicially determined. If other Courts or Tribunals of co-ordinate or exclusive jurisdiction were to permit proceedings to go on independently of the Court which has placed the custody of the property in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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