Enforcement Directorate Restricted from Coercive Property Possession Until Further Orders Under Money Laundering Act. The Bombay HC ruled that the Enforcement Directorate cannot demand vacant possession or take coercive steps for possession of the properties until further ...
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Enforcement Directorate Restricted from Coercive Property Possession Until Further Orders Under Money Laundering Act.
The Bombay HC ruled that the Enforcement Directorate cannot demand vacant possession or take coercive steps for possession of the properties until further orders are issued by the Court or the Appellate Authority under the Prevention of Money Laundering Act, 2002. The Petition was disposed of without costs, and parties may apply to the Appellate Authority once appointments are made. All contentions remain open for consideration by the Appellate Authority.
Issues involved: Enforcement Directorate's demand for vacant possession of properties, coercive steps for possession, appointment of Appellate Authority under Prevention of Money Laundering Act, 2002.
Enforcement Directorate's Demand for Vacant Possession: The High Court of Bombay, in the case, decided that a short order sufficed to dispose of the Petition. The Court ruled not to disturb the actual attachment of the properties in question. However, it was specified that the Enforcement Directorate would not demand vacant possession of the two properties nor take coercive steps for possession until further orders of the Court or the Appellate Authority under the provisions of the Prevention of Money Laundering Act, 2002.
Appointment of Appellate Authority: The judgment noted that appointments to the post/s of the Appellate Authority under the Prevention of Money Laundering Act, 2002, were yet to be made. It was mentioned that if the appointment is made, the parties have the liberty to apply to that authority. The Court did not provide any further directions on the Petition, keeping all contentions before the Appellate Authority, including those raised in the present Petition, open for consideration.
Conclusion: In conclusion, the Petition was disposed of by the High Court of Bombay in the specified terms, with no costs imposed on either party.
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