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Immovable property mortgaged or assigned before commission of a...
Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaking.
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Immovable property mortgaged or assigned before commission of a scheduled offence may be attached as the value of proceeds of crime under PMLA; prior mortgage or assignment does not automatically exempt property from ED attachment. Secured creditors retain procedural remedies within the PMLA regime: they may stake claims before the Special Judge under the PMLA claim procedure and may apply for pre-trial auction of mortgaged immovables on filing an affidavit/undertaking to deposit any excess realisation with the ED. Statutory recovery remedies (SARFAESI/RDB) do not displace PMLA attachment; creditors must seek relief through the prescribed PMLA process.
Immovable property mortgaged or assigned before commission of a scheduled offence may be attached as the value of proceeds of crime under PMLA; prior mortgage or assignment does not automatically exempt property from ED attachment. Secured creditors retain procedural remedies within the PMLA regime: they may stake claims before the Special Judge under the PMLA claim procedure and may apply for pre-trial auction of mortgaged immovables on filing an affidavit/undertaking to deposit any excess realisation with the ED. Statutory recovery remedies (SARFAESI/RDB) do not displace PMLA attachment; creditors must seek relief through the prescribed PMLA process.
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