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Court exempts delay in filing appeal challenging PMLA property attachment order. Appellate Authority directed to decide within 8 weeks. The court allowed exemption for the appeal, condoning the delay in filing it. The appeal challenged the order of attachment of properties under PMLA, ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Court exempts delay in filing appeal challenging PMLA property attachment order. Appellate Authority directed to decide within 8 weeks.
The court allowed exemption for the appeal, condoning the delay in filing it. The appeal challenged the order of attachment of properties under PMLA, 2002, with the court finding merit in the appellant's contentions regarding the interpretation of the Act. The impugned order was set aside, directing the Appellate Authority to decide the appeal against the attachment order within eight weeks. Both parties were to appear before the Authority for further arguments if needed, ensuring timely disposal of the appeal.
Issues: 1. Exemption for the appeal 2. Condonation of delay in filing the appeal 3. Impugning order of attachment of properties under PMLA, 2002 4. Interpretation of provisions of the Act by the Single Judge 5. Setting aside the impugned order and directing the Appellate Authority to decide the appeal
Analysis: 1. The court allowed exemption for the appeal subject to all just exceptions. 2. The delay in filing the appeal was condoned after hearing the counsels for the parties. 3. The appeal challenged the order of attachment of immovable properties under the Prevention of Money Laundering Act, 2002. The Single Judge had disposed of the writ petition by directing the appellant to dispose of the representation made by the respondent within four weeks. 4. The appellant contended that the Single Judge's interpretation of the Act was erroneous and had not adjudicated on the amendment of the year 2013 to Section 8. The court found merit in the appellant's contentions regarding the interpretation. 5. After hearing both parties, it was agreed to set aside the impugned order and direct the Appellate Authority to decide the appeal against the attachment order within eight weeks. The parties were directed to appear before the Appellate Authority for further arguments, if needed, to ensure the appeal's disposal within the specified time frame. A copy of the order was to be given to the counsels and forwarded to the Appellate Authority for compliance.
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