2023 (2) TMI 992

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..... was earlier retained and has again been attached - HELD THAT:- Upon a query from the Court it is submitted by Mr. Manish, ld. Counsel that since there is a jurisdictional issue for the orders passed by the Adjudicating Authority, the Petitioner did not approach the Appellate Tribunal constituted under PMLA and has preferred to file the present writ petition. In the opinion of this Court, in v .....

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..... ssed by the Adjudicating Authority under the Prevention of Money Laundering Act (hereinafter PMLA ) in the Provisional Attachment Order (PAO) No. 03/2022 dated 6th April, 2022. The impugned orders have been passed by the AA in ECIR/KCZO/05/2019. The grievance of the Petitioner is that both the orders have been passed under Section 8(3) of the PMLA, in respect of the same property which was earlie .....

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..... ional attachment dated 22nd August, 2022 which was confirmed by the final order dated 22nd September, 2022. In respect of both these orders, the Petitioner was given liberty to approach the Appellate Tribunal. The said order reads as under:- 2. The present petition under Article 226 challenges the impugned order bearing no. OA-628/2022 dated 22nd August, 2022 passed by the Adjudicating Au .....

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..... ority. 4. Under the PMLA, an order passed by the Adjudicating Authority under Section 8(3) would be appealable to the Appellate Tribunal under Section 26 of the PMLA. Hence, it is submitted by Mr. Ahluwalia, ld. CGSC that the present writ is not maintainable. 5. Mr. Manish, ld. Counsel appearing for the Petitioner on the other hand submits that his client has not been served with the cop .....

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..... the merits of the petition have not been considered by this Court. The remedies and contentions of the Petitioner are accordingly left open. 5. Upon a query from the Court it is submitted by Mr. Manish, ld. Counsel that since there is a jurisdictional issue for the orders passed by the Adjudicating Authority, the Petitioner did not approach the Appellate Tribunal constituted under PMLA and h .....

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