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Court maintains status quo, restrains coercive action pending appeal. No opinion on merits expressed. The High Court partly allowed the writ petition by directing the parties to maintain the status quo regarding the subject matter of the impugned order ...
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 maintains status quo, restrains coercive action pending appeal. No opinion on merits expressed.
The High Court partly allowed the writ petition by directing the parties to maintain the status quo regarding the subject matter of the impugned order until the petitioners file their appeal within two weeks. The respondent was restrained from taking coercive action against the petitioners based on the order dated 13.12.2021. The Court clarified that it did not express any opinion on the merits of the claims raised in the petition, and its order would merge with any future orders passed by the Tribunal on the appeal and stay application once it becomes functional.
Issues: Challenge to order confirming Provisional Attachment order due to non-functional Appellate Tribunal for want of quorum.
Analysis: The judgment pertains to a petition challenging an order confirming a Provisional Attachment order issued by the Adjudicating Authority, PMLA. The petitioners intend to file a statutory appeal before the Appellate Tribunal, PMLA, but due to the Tribunal's non-functionality because of quorum issues, they approached the High Court seeking relief. The petitioners requested the respondent to be restrained from taking any action based on the impugned order until their appeal and stay application are considered by the Appellate Tribunal.
The High Court issued notice to the respondent, who acknowledged the non-functionality of the Appellate Tribunal due to quorum issues. Consequently, the Court partly allowed the writ petition by directing that the parties maintain status quo regarding the subject matter of the impugned order until the petitioners' appeal is filed within two weeks. The respondent was restrained from taking any coercive action against the petitioners based on the order dated 13.12.2021. The Court clarified that it did not express any opinion on the merits of the claims raised in the petition and that its order would merge with any future orders passed by the Tribunal on the appeal and stay application once it becomes functional.
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