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PMLA provisional attachment over PACL-linked properties could not be continued where the Supreme Court had already created a special Article 142 restitution framework for investors. The Court noted that enforcement powers are not extinguished by judicial directions, but they must operate consistently with the court-prescribed mechanism. It further held that restoration under the PMLA is only a limited exception dependent on Special Court satisfaction and cannot justify parallel continuation of attachment when the special process is available. Because the attachment had already served any preservative purpose and prolonged pendency was prejudicing investor interests, the matter was directed to proceed under the Supreme Court-created framework, and the attachment orders were set aside.
PMLA provisional attachment over PACL-linked properties could not be continued where the Supreme Court had already created a special Article 142 restitution framework for investors. The Court noted that enforcement powers are not extinguished by judicial directions, but they must operate consistently with the court-prescribed mechanism. It further held that restoration under the PMLA is only a limited exception dependent on Special Court satisfaction and cannot justify parallel continuation of attachment when the special process is available. Because the attachment had already served any preservative purpose and prolonged pendency was prejudicing investor interests, the matter was directed to proceed under the Supreme Court-created framework, and the attachment orders were set aside.
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