2019 (12) TMI 809

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.... interim stay on the Provisional Attachment order 01/2019 dated 14.02.2019 and; b. To direct the respondent no. 1 to de-freeze the bank accounts of the appellant and; c. Any other or further order which this hon'ble Court. 2. The aforesaid prayers have been made by the appellant/applicant and has filed the present application wherein It is contended that: i. The appellant company is currently running a project under National Food Security Act 2013 in the State of Madhya Pradesh since 2015 and has employed more than 120 employees in the project. Until now the appellant company has been running the operations on the basis of the goodwill and has created an obligation to the tune of Rs. 16 crores in the form of pa....

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....ereto has been considered. 4. The main contentions in the interim application is about stated ultimatum to resolve the issue that is to make the payment to the vendors and staff, failing which the tender granted under the National Food Security Act shall be terminated within a period of one week. There is also a mention fact that in the event of not de-freezing the bank accounts of the applicant and making payment of vendors and salaries of employees, the entire project shall be terminated. On perusal of the annexure no. 1 i.e. letter dated 13.05.2019 we do not find any such contentions therein. So, in my considered view the additional document dated 13.05.2019 has no relevance hence the application to take the additional documents on....

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....any further action by the Department. That it is a matter of fact that the present appeal is filed challenging the Confirmation Order dated 06.08.2019 in PAO No. 1/2019 dated 14.02.2019 and any prayer of the Appellant to seek an Order of de-freezing the accounts does not arise as it would have adverse bearing on further action by the department under PMLA which is duty bound to follow the scheme of the Act and thereby secure the balance proceeds of crime in the hands of the Appellant Company That as such there is no impugned action taken by the department for which the appellant is seeking relief as the present case pertains only to attachment of Rs. 5,53,401/- available at the relevant time in six bank accounts namely-Axis Bank, B....