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TMI Blog2024 (12) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... cate and Mr. Udayan Sinha, Advocate For the Respondent : Ms. Nattasha Garg, Advocate ORDER This Order disposes of the Appeals Nos. FPA-PMLA-2542- 2544/PTN/2018 filed by Dr. Pradeep Kumar, Sh. Rajendra Kumar and Nand Lal HUF respectively. The appeals were filed challenging the Order (impugned order) dated 03.08.2018 in Original Complaint (OC) No. 901/2018 in ECIR No. 12 &13/PAT/2012 dated 18.05.2012. The impugned order has confirmed the Provisional Attachment Order (PAO) No. 04/2018 dated 20.02.2018. 2. The impugned order confirmed the PAO No. 04/2018 dated 20.02.2018 which had attached set of five immovable properties totally valued Rs. 96,60,616/- and movable properties totally valued Rs. 79,77,911/-. Thus, the attachment of total valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that his client is not inclined to press the appeal for challenge to the impugned orders if the possession of the property is not taken. A reference of the interim order passed by the Tribunal has been given and accordingly prayer is made that subject to the outcome of the trial in pursuance to ECIR, let the attached property be dealt with as per Section 8(5) to 8(8) of the Act of 2002. 5. In view of the judgment of the Apex Court in the case of Vijay Madanlal Choudhary and Others v. Union of India & Ors. reported in (2022) SCC Online 929, the possession can be taken under an exceptional case. Accordingly, this appeal is disposed of without causing interference in the provisional attachment order so as the order of its confirmation. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he properties are not being well maintained by the Respondent. He undertook to abide the conditions inherent in the impugned order as well as any condition imposed by the Tribunal. 5. Ld. Counsel for the Respondent argued that the reliance of the Appellants on the Judgment (Supra) of the Hon'ble Supreme Court for its retrospective applicability is contrary to settled law. She argued that the Apex Court did not merely clarify and interpret the provisions of The Prevention of Money Laundering Act, 2002 (PMLA) but watered down the rigors of the Act, essentially laying down a new procedure under Section 8(4) of the Act. She further stated that the Judgment relied upon by the Appellant in Golakh Nath vs. State of Punjab [AIR 1967 SC 1643] is mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the provisional attachment of the movable properties in the name of M/s Nand Lal (HUF). Therefore, the Appeal No. FPA-PMLA-2544/PTN/2018 against the impugned order confirming the attachment of the immovable property viz Flat in Sugam Hemant Apartment in Kolkata along with the Car Parking Space in so far as the right of the Appellant M/s Nand Lal (HUF) is concerned and against that part of the impugned order confirming the attachment of movable properties in the name of M/s Nand Lal (HUF) is concerned is disposed of without causing interference in the PAO No. 04/2018 dated 20.02.2018 subject to the trial under the Prevention of Money Laundering Act, 2002 (PMLA). The Appellant M/s Nand Lal (HUF) shall ensure that the properties are neithe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these properties are. 8. It is also clear that the Appellants have not objected to abide by the impugned order in so far as the confirmation of the movable and immovable properties is concerned till the completion of the trial before the Special Court. 9. In view of the aforementioned discussions these three Appeals are disposed of without causing interference in the Provisional Attachment Order so as in the impugned order of confirmation. The Appellants are directed to ensure that the properties are neither alienated nor transferred till conclusion of the trial. The Appellants are further directed to ensure that the properties are not dealt with in any manner till conclusion of the trial. 10. The three Appeals and the pending Applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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