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    <title>2019 (6) TMI 1150 - ATPMLA</title>
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    <description>A bona fide secured creditor with a prior mortgage created before the commission of the scheduled offence was held entitled to protection against attachment under the Prevention of Money Laundering Act, 2002. The Tribunal found that the appellate remedy could be invoked at the stage of confirmation of provisional attachment and that it had jurisdiction to examine the legality of the attachment and the creditor&#039;s claim. It further held that attachment could not defeat lawful security interests and could survive only to the extent of the value alleged to represent proceeds of crime, with the mortgaged properties released from attachment.</description>
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      <link>https://www.taxtmi.com/caselaws?id=382073</link>
      <description>A bona fide secured creditor with a prior mortgage created before the commission of the scheduled offence was held entitled to protection against attachment under the Prevention of Money Laundering Act, 2002. The Tribunal found that the appellate remedy could be invoked at the stage of confirmation of provisional attachment and that it had jurisdiction to examine the legality of the attachment and the creditor&#039;s claim. It further held that attachment could not defeat lawful security interests and could survive only to the extent of the value alleged to represent proceeds of crime, with the mortgaged properties released from attachment.</description>
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