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Release of bank-mortgaged property from PMLA attachment depends on the creditor's bona fide status and due diligence at loan disbursal and recovery. Assets linked to the accused, relatives or associates may be attached as value of proceeds of crime even without direct crime proceeds. Recovery inaction after account irregularity, fund flows involving the cooperative society, and prior associations warranted further investigation; release was therefore declined, subject to recourse before the Special Judge. RBI guidance on NPA treatment for facilities secured by a borrower's own deposits did not apply to overdrafts secured by third-party fixed deposits, including one funded by the society.
Release of bank-mortgaged property from PMLA attachment depends on the creditor's bona fide status and due diligence at loan disbursal and recovery. Assets linked to the accused, relatives or associates may be attached as value of proceeds of crime even without direct crime proceeds. Recovery inaction after account irregularity, fund flows involving the cooperative society, and prior associations warranted further investigation; release was therefore declined, subject to recourse before the Special Judge. RBI guidance on NPA treatment for facilities secured by a borrower's own deposits did not apply to overdrafts secured by third-party fixed deposits, including one funded by the society.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
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