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of <h1>Petition challenging Adjudicating Authority's order dismissed, emphasizing right to appeal. Follow statutory mechanisms.</h1> <h3>J.C. Flowers Asset Reconstruction Private Limited Acting In Its Capacity As Trustee Of JCF Yes Trust 2022-23/14 Versus Directorate Of Enforcement, (Through The Deputy Director) & Ors.</h3> J.C. Flowers Asset Reconstruction Private Limited Acting In Its Capacity As Trustee Of JCF Yes Trust 2022-23/14 Versus Directorate Of Enforcement, ... Issues:The issue involves the challenge to an order passed by the Adjudicating Authority under the Prevention of Money Laundering Act, 2005, questioning the authority of a single technical member to hear cases and pass attachment orders.Judgment Details:Issue 1: Authority of Adjudicating AuthorityThe Petitioner challenged the order of the Adjudicating Authority under the PMLA Act, 2005, arguing that a single technical member cannot hear cases and pass attachment orders. Reference was made to a judgment of the Telangana High Court, highlighting the quasi-judicial nature of the Adjudicating Authority's functions. The Court considered previous decisions and noted that the order under challenge was a final attachment order. The Respondent submitted that an appeal had been filed before the Tribunal, while the Petitioner claimed a violation of principles of natural justice.Issue 2: Appellate Tribunal JurisdictionThe Court referred to Section 26 of the PMLA Act, which allows any person aggrieved by an order to approach the Appellate Tribunal. It was emphasized that the Petitioner, as a person aggrieved, had the right to challenge the attachment order before the Appellate Tribunal. Citing a recent Supreme Court decision, the Court stressed the need to follow statutory mechanisms and exercise caution in invoking writ jurisdiction. The Court directed the Petitioner to approach the Appellate Tribunal under Section 26 of the Act, dismissing the petition with liberty to do so and clarifying that the Court had not assessed the merits of the case.This summary encapsulates the key issues and details of the judgment, highlighting the legal arguments, statutory provisions, and the Court's directions for further action.
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