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    <title>2025 (6) TMI 1179 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=773066</link>
    <description>Mortgaged properties subject to prior SARFAESI enforcement were not to be mechanically kept under attachment under the Prevention of Money Laundering Act where the security interest pre-dated the alleged fraudulent loan transactions. Where one property had already been auctioned before the provisional attachment and the remaining properties were under secured creditor possession, the tribunal recognised that the secured creditor&#039;s enforcement rights could continue while safeguarding the enforcement agency&#039;s and other claimants&#039; interest in any surplus sale proceeds. Relief was therefore granted to maintain the completed auction and permit further e-auction proceedings subject to preservation of excess proceeds in accordance with law.</description>
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    <pubDate>Tue, 25 Mar 2025 00:00:00 +0530</pubDate>
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      <title>2025 (6) TMI 1179 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=773066</link>
      <description>Mortgaged properties subject to prior SARFAESI enforcement were not to be mechanically kept under attachment under the Prevention of Money Laundering Act where the security interest pre-dated the alleged fraudulent loan transactions. Where one property had already been auctioned before the provisional attachment and the remaining properties were under secured creditor possession, the tribunal recognised that the secured creditor&#039;s enforcement rights could continue while safeguarding the enforcement agency&#039;s and other claimants&#039; interest in any surplus sale proceeds. Relief was therefore granted to maintain the completed auction and permit further e-auction proceedings subject to preservation of excess proceeds in accordance with law.</description>
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      <pubDate>Tue, 25 Mar 2025 00:00:00 +0530</pubDate>
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