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TMI Blog2024 (3) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... rieved by the order, even if a person is not a party to the order can file an appeal u/s 26 of the PMLA, 2002 before the Appellate Tribunal. Taking into consideration, the aforesaid provisions, this Court is not inclined to entertain this petition - Petition dismissed. - Hon'ble Shri Justice Sushrut Arvind Dharmadhikari And Hon'ble Shri Justice Hirdesh For the Petitioner : Shri Paresh Manilal Joshi - Advocate For the Respondents : Shri Himanshu Joshi - Advocate ORDER Heard finally with the consent of both the parties. In the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: a. That the instant petition be allowed. b. That this Hon'ble Court may be pleased to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain immovable properties situated at Village Palakhedi, Distt. Indore for securing the repayment of financial assistance granted by the petitioner M/s Gestatlt Engineering and Technologies Private Limited. The said company also executed guarantee in favour of the petitioner guaranteeing repayment by M/S Gestalt Engineering and Technologies Private Limited. However, the said company failed to repay the principal, interest etc. availed by it from the petitioner. Consequently, being a secured creditor, the petitioner issued a statutory notice u/s 13(2) of the SARFAESI Act and also initiated recovery proceedings before the DRT, Jabalpur by filing O.A. No. 234/2012. However, a provisional order of attachment was passed by the Enforcement Directo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be issued directing the respondents to set aside the entries in the list of confirmed attached immovable properties available on the website of ED and further release and relinquish the properties forthwith. 4. Counter affidavit has been filed on behalf of the respondent wherein a preliminary objection with respect to maintainability of present petition has been raised on the ground that the petitioner has an efficacious alternative remedy u/s 26 of the provisions of PMLA, 2002, in as much as the petitioner has already approached the learned Appellate Tribunal, PMLA, New Delhi with respect to other mortgaged properties in the same case. It is further contended that the attaching authority has already passed final order dated 14.12.2015 whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de by the Adjudicating Authority or Director is received and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may after giving an opportunity of being heard entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (4) On receipt of an appeal under sub-section (1), or sub-section (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the partie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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