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The HC dismissed the petitions challenging provisional attachment orders under Section 5 of the PMLA, holding them non-maintainable under Article 226 because an alternative, efficacious statutory remedy exists under Section 26 of the PMLA. The court observed that the statutory scheme provides a self-contained appellate mechanism whereby any aggrieved person may appeal orders of the Adjudicating Authority to the Appellate Tribunal, and therefore questions as to the validity, scope and effect of attachment orders must be determined within the framework of the Act. In light of the available remedy, the HC declined to exercise extraordinary writ jurisdiction and disposed of the petitions.
The HC dismissed the petitions challenging provisional attachment orders under Section 5 of the PMLA, holding them non-maintainable under Article 226 because an alternative, efficacious statutory remedy exists under Section 26 of the PMLA. The court observed that the statutory scheme provides a self-contained appellate mechanism whereby any aggrieved person may appeal orders of the Adjudicating Authority to the Appellate Tribunal, and therefore questions as to the validity, scope and effect of attachment orders must be determined within the framework of the Act. In light of the available remedy, the HC declined to exercise extraordinary writ jurisdiction and disposed of the petitions.
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