9911796707
TMI Blog2021 (2) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... reinafter referred as "PML Act"), by which the attachment of the bank account of the Petitioner has been confirmed by the Adjudicating Authority. 3. Mr. Vijay Aggarwal, ld. counsel for the Petitioner, submits that the Petitioner had moved a specific application dated 14th December 2020, in OA no. 396/2020, with the following prayers: "1. Pass necessary order and direction hereby directing the Applicant (ED) to supply the following document at the earliest: A. Letter of request dated 12.11.2018, received from central authority of brazil seeking legal assistance in criminal matter from the Applicant (ED) along with all the communication to and from the Brazilian Competent Authority. (Para 1 of original OA) B. Order dated 02.10.2018, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the bank account had taken place, the Petitioner had approached this Court by filing a writ petition bearing no. W.P.(C) 5235/2020, titled M/S Hamilton Housewares Pvt. Ltd. v. Directorate of Enforcement, in which, vide order dated 26th August, 2020, the amount which was frozen was restricted to a sum of USD 20,000. Despite this order continuing to be operating in favour of the Petitioner, the entire bank account of the Petitioner has been attached by the Directorate of Enforcement, subject to directions of the High Court in the writ petition. 5. Mr. Ravi Prakash, ld. counsel appearing for the Directorate of Enforcement/ Respondent No. 2, submits that the impugned order is an appealable order under Section 26 of PML Act, and the Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 8. Accordingly, this Court directs the Petitioner to approach the Appellate Tribunal under Section 26 of PML Act. The said Appellate Tribunal would firstly take a view on the Application filed by the Petitioner, and after adjudicating upon the said Application, the Appellate Tribunal shall proceed to hear the appeal on merits, against the order passed by the Adjudicating Authority. Insofar as the attachment of Petitioner's bank account is concerned, the order dated 26th August, 2020 passed in W.P.(C) 5235/2020, titled M/S Hamilton Housewares Pvt. Ltd. v. Directorate of Enforcement, would continue to apply and the attachment would only be in terms of the said order, during pendency of the appeal before the Appellate Tribunal. If there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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