Condonation of delay under PMLA granted where mandatory notice and hearing were not given before confirmation proceedings.

Delay in filing the PMLA appeal was condoned where the appellant bank showed that it learnt of the confirmation proceedings only later, had pursued remedies under the SARFAESI framework and before the High Court, and had not been given the statutory notice and hearing required under section 8. The order treated the absence of compliance with the mandatory procedure, together with the enforcement authorities' awareness of the bank's mortgage claim, as explaining the delay. The 54-day delay was condoned on payment of costs, and the appeal was directed to proceed.

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Issues: Whether the delay in filing the appeal under the Prevention of Money Laundering Act, 2002 should be condoned.

Analysis: The appeal was filed with an application for condonation of delay under the appeal rules. The appellant explained that it became aware of the confirmation proceedings only much later and had also pursued remedies under the SARFAESI framework and before the High Court. The order notes that the property was mortgaged with the appellant bank, that the enforcement authorities were aware of the bank's claim, and that no notice or opportunity of hearing had been afforded to the appellant as required by the mandatory procedure under section 8 of the Act. The delay was therefore linked to the absence of compliance with the statutory notice and hearing requirements.

Conclusion: The delay of 54 days was condoned on payment of costs, and the appeal was directed to proceed.

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