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    <title>2023 (12) TMI 855 - DELHI HIGH COURT</title>
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    <description>A sale certificate issued after a public auction could not be refused registration on the basis of a later Enforcement Directorate communication and provisional attachment, because the auction had been completed and consideration paid before the restraint reached the registering authority; the purchaser&#039;s title had crystallised on confirmation of sale, and the PMLA safeguards for search, seizure or freezing had not been shown to have been followed. The existence of proceedings before the PMLA Tribunal did not bar writ jurisdiction under Article 226, as an alternate remedy is not an absolute restriction and the facts justified intervention. The registration refusal was therefore held unsustainable, and registration was directed to proceed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=447171</link>
      <description>A sale certificate issued after a public auction could not be refused registration on the basis of a later Enforcement Directorate communication and provisional attachment, because the auction had been completed and consideration paid before the restraint reached the registering authority; the purchaser&#039;s title had crystallised on confirmation of sale, and the PMLA safeguards for search, seizure or freezing had not been shown to have been followed. The existence of proceedings before the PMLA Tribunal did not bar writ jurisdiction under Article 226, as an alternate remedy is not an absolute restriction and the facts justified intervention. The registration refusal was therefore held unsustainable, and registration was directed to proceed.</description>
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