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    <title>2020 (1) TMI 522 - APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT, NEW DELHI</title>
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    <description>The Tribunal&#039;s appellate jurisdiction extends to examining the legality of provisional attachment and its confirmation under the PMLA, while third-party claims may be addressed at the appropriate later stage. It also recognised that a bona fide secured creditor who acquired mortgage and assignment interests in the ordinary course of business before the alleged scheduled offence has a lawful interest that cannot be displaced by later attachment, absent valid recorded reasons linking the properties to proceeds of crime. On that basis, the provisional attachment was set aside insofar as it covered the mortgaged properties, and the secured creditor&#039;s interest was protected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=390909</link>
      <description>The Tribunal&#039;s appellate jurisdiction extends to examining the legality of provisional attachment and its confirmation under the PMLA, while third-party claims may be addressed at the appropriate later stage. It also recognised that a bona fide secured creditor who acquired mortgage and assignment interests in the ordinary course of business before the alleged scheduled offence has a lawful interest that cannot be displaced by later attachment, absent valid recorded reasons linking the properties to proceeds of crime. On that basis, the provisional attachment was set aside insofar as it covered the mortgaged properties, and the secured creditor&#039;s interest was protected.</description>
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