Validity of Provisional Attachment Orders Emphasized in PMLA Act - Enforcement Halted Pending Legal Resolution The court acknowledged the importance of the 180-day validity period of provisional attachment orders under the Prevention of PMLA Act, 2002. Despite ...
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Validity of Provisional Attachment Orders Emphasized in PMLA Act - Enforcement Halted Pending Legal Resolution
The court acknowledged the importance of the 180-day validity period of provisional attachment orders under the Prevention of PMLA Act, 2002. Despite allowing adjudication proceedings to proceed, the court ruled that the final order should not be enforced until a related legal question was resolved by the Division Bench. The Adjudicating Authority was directed to continue the adjudication process with the petitioner's cooperation, but enforcement of the final order required court permission. The case was scheduled for further hearing on a specified date.
Issues: Challenge to the validity of a Provisional Attachment Order under the Prevention of PMLA Act, 2002 based on the expiry of the 180-day period.
Analysis: The petitioner challenged the Provisional Attachment Order No.16/2020, contending that it expired after the 180-day period as per the Prevention of PMLA Act, 2002. The petitioner relied on a previous decision of the court in a similar matter to support this claim. The court issued a notice to the respondents and directed them to file a counter affidavit within four weeks. The respondent mentioned that the decision relied upon by the petitioner had been stayed by the Division Bench in a related case. The court noted the importance of the 180-day validity period of provisional attachment orders in light of the Supreme Court's orders regarding the extension of limitation periods due to the COVID-19 pandemic and subsequent lockdown.
The court acknowledged that the Division Bench was already considering the issue of the validity period of provisional attachment orders. Despite allowing the adjudication proceedings to continue, the court decided that the final order should not be implemented until the Division Bench resolved the legal question in the related case. The court directed the Adjudicating Authority to proceed with the adjudication process, with the petitioner's cooperation, but specified that the final order should not be enforced without the court's permission. The case was listed for further hearing on a specified date.
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