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    <title>2026 (1) TMI 1079 - APPELLATE TRIBUNAL UNDER SAFEMA AT DELHI</title>
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    <description>A bona fide third-party secured creditor with a prior charge over attached property is not deprived of its enforcement rights by attachment under the Prevention of Money-laundering Act, 2002; the attachment operates only subject to that earlier lawful interest, and may continue only against any surplus value after satisfaction of the prior security. Once the attachment order has attained finality, or the criminal trial has commenced, the creditor&#039;s claim to the attached property must be adjudicated by the Special Court rather than the Appellate Tribunal. The Tribunal therefore declined substantive relief and directed the creditor to pursue its remedy before the Special Court.</description>
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    <pubDate>Wed, 14 Jan 2026 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 1079 - APPELLATE TRIBUNAL UNDER SAFEMA AT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=785323</link>
      <description>A bona fide third-party secured creditor with a prior charge over attached property is not deprived of its enforcement rights by attachment under the Prevention of Money-laundering Act, 2002; the attachment operates only subject to that earlier lawful interest, and may continue only against any surplus value after satisfaction of the prior security. Once the attachment order has attained finality, or the criminal trial has commenced, the creditor&#039;s claim to the attached property must be adjudicated by the Special Court rather than the Appellate Tribunal. The Tribunal therefore declined substantive relief and directed the creditor to pursue its remedy before the Special Court.</description>
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