Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
The Appellate Tribunal held that flats purchased with consideration paid by the appellant, but registered in the names of others who did not pay for them, fell within the statutory definition of benami transaction. It further held that the amended definition under Section 2(9)(A) covered property still held in benamidars' names after the 2016 amendment, so the challenge based on pre-amendment origin failed. The objection that provisional attachment concerned non-existent property was also rejected because allotment letters were issued, consideration was paid, and registered agreements existed. Provisional attachment and its confirmation were upheld, and the appeal was dismissed.
The Appellate Tribunal held that flats purchased with consideration paid by the appellant, but registered in the names of others who did not pay for them, fell within the statutory definition of benami transaction. It further held that the amended definition under Section 2(9)(A) covered property still held in benamidars' names after the 2016 amendment, so the challenge based on pre-amendment origin failed. The objection that provisional attachment concerned non-existent property was also rejected because allotment letters were issued, consideration was paid, and registered agreements existed. Provisional attachment and its confirmation were upheld, and the appeal was dismissed.
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