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2025 (4) TMI 186

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..... INGH, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present appeals under Section 42 of the Prevention of Money Laundering Act, 2002 ('PMLA') have been filed by the Appellants challenging the impugned order of the PMLA Appellate Tribunal (hereinafter referred to as 'Tribunal') dated 7th August, 2024. 3. Vide the impugned order, the Tribunal had dismissed the application preferred by the Appellants seeking de-freezing of the Bank accounts of the Appellants namely, Ms. Koushalya Devi Jhunjhunwala, Ms. Sangita Jhunjhunwala and Ms. Suruchi Jhunjhunwala. 4. The brief background of the case is that a debit freeze was initially imposed by the Enforcement Directorate (hereinafter 'ED') vide letter dated 16th October, 2018 .....

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..... um that she may be now deposit from legitimate sources. This Court is also of the view that Directorate of Enforcement cannot stifle the survival of the petitioner and the provisions must be made to meet the petitioner's daily needs. It is also noticed that Directorate of Enforcement has not yet passed any order of provisional attachment either under Section 5 or 17 of the Prevention of Money Laundering Act, 2002. 6. Mr Mahajan, learned counsel appearing for Directorate of Enforcement states that the Directorate would be taking an informed view shortly and in any event within a period of four weeks from today. In the aforesaid view, this Court directs HDFC Bank to permit the petitioner to withdraw a sum of Rs. 50,000/- from the bank acco .....

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..... unal. The relevant portion of the order reads as under:- "FPA-PMLA-3144/DLI/2019 & FPA-PMLA-6271- 6272/DLI/2023 An application has been filed to seek a direction to allow operation of the Bank Accounts. The representative appearing to the appellant is fair enough to state that several applications were filed before the High Court and thereupon an order to allow the operation of the Bank Accounts was passed yet the respondent has not allowed the appellant to carry out the operation of the Bank Accounts. Therefore, application has been filed to seek appropriate order. We have considered the submissions and find application to be not tenable. Once it was filed before the High Court followed by an order. The same request between the .....

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