9911796707
TMI Blog2025 (3) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... homas Raja Durai For R1 : Mr. M. Sarangan, Additional Government Pleader For R2 : Mr. K. Govindarajan, Deputy Solicitor General of India ORDER This Writ Petition has been filed for a direction to the 1st respondent to remove the attachment made by the 2nd respondent pertaining to the properties in Survey No.51/2 to an extent of 1 acre 36 cents bearing patta No.599, in Survey No.51/4 to an exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deed dated 12.03.2015 for a valuable consideration. At the time of purchase, there was no encumbrance over the properties by attachment order or any other mode. While being so, in the year 2017, the 2nd respondent produced the order passed by the adjudicating authority in O.C.No.685/2017 as against the petitioner's vendor and thereby, attached the subject properties, since the petitioner's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent would submit that the petitioners ought to have approached the Special Court to raise the attachment as contemplated under Section 8(8) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA Act'). 4.It is relevant to extract Section 8(8) of PMLA Act here under:- "(8) Where a property stands confiscated to the Central Government under sub-section (5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act vide judgment of acquittal dated 01.08.2017 in Complaint Case No.52 of 2016. 6. In view of the above, since already the appellate Tribunal directed the 2nd respondent to release the attached properties in pursuant to the Complaint Case No.52 of 2016, the attachment made by the 2nd respondent in respect of the subject properties is hereby raised in pursuant to the order passed by the appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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