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AT determined that bona fide auction purchasers retain ownership rights over properties previously attached under PMLA. The tribunal held that ED's attachment of properties sold through legitimate bank mortgage was improper. Secured creditors and liquidators can stake claims before PMLA Special Judge under Section 8(7), with an undertaking to deposit excess amounts. The ruling balances anti-money laundering objectives with proprietary rights, setting aside attachment for auction-purchased flats and granting liberty to liquidator/secured creditors for remaining property, thereby protecting genuine purchasers' interests while maintaining regulatory oversight.
AT determined that bona fide auction purchasers retain ownership rights over properties previously attached under PMLA. The tribunal held that ED's attachment of properties sold through legitimate bank mortgage was improper. Secured creditors and liquidators can stake claims before PMLA Special Judge under Section 8(7), with an undertaking to deposit excess amounts. The ruling balances anti-money laundering objectives with proprietary rights, setting aside attachment for auction-purchased flats and granting liberty to liquidator/secured creditors for remaining property, thereby protecting genuine purchasers' interests while maintaining regulatory oversight.
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