Court Grants Exemptions on Documentation Requirements; Urges Tribunal for Speedy Consideration

The court granted exemptions to the petitioners from filing certified copies of annexures, notarized affidavits, and affixing court fees. The petitioners were directed to deposit court fees online and file physical stamps within 72 hours of the Court's functioning resumption. The court disposed of petitions requesting the respondents to credit back a transferred amount, urging the Appellate Tribunal to expedite consideration within three weeks. Regarding the interpretation of powers under Section 8(4) of the Prevention of Money Laundering Act, 2002, the court disposed of the petitions, requesting the Tribunal to expedite proceedings within three weeks without awarding costs.

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Issues:
1. Exemption from filing certified/typed copies of annexures/order, notarized affidavits, and affixing court fee.
2. Direction to credit back the transferred amount pursuant to a specific order.
3. Interpretation of powers under Section 8(4) of the Prevention of Money Laundering Act, 2002.

Exemption Application:
The petitioners sought exemption from filing certified copies of annexures, notarized affidavits, and affixing court fees. The court granted the exemptions, binding the deponents of the affidavits to the applications' contents. The petitioners were directed to deposit court fees online within a week and file physical stamps within 72 hours of the Court's regular functioning resumption as per the Office Order dated April 04, 2020.

Credit Back Order:
The petitioners filed petitions requesting a writ of mandamus to direct the respondents to credit back an amount transferred per a specific order. The petitioners had appealed before the Appellate Tribunal under the Prevention of Money Laundering Act, 2002, but due to limited Tribunal functioning amid the Covid-19 pandemic, the appeals could not be heard. The court disposed of the petitions, urging the Tribunal to expedite the consideration and disposal of the appeals/applications within three weeks. The petitioners were permitted to present the court's order to the Tribunal for early hearing support.

Interpretation of Section 8(4) Powers:
The respondents defended the transfer of money under Section 8(4) of the Act, asserting it was valid. They argued that the petitioners should not be in a better position than before the Provisional Attachment or Adjudicating Authority's order. Considering both parties' submissions and the pending appeal before the Appellate Tribunal, the court disposed of the petitions, requesting the Tribunal to expedite the proceedings within three weeks. No costs were awarded, and the order was to be uploaded on the website and provided to the counsels via email.

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