2024 (3) TMI 356

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.... "a. That the instant petition be allowed. b. That this Hon'ble Court may be pleased to issue a Writ of Certiorari or any other appropriate writ, order, directions under Article 226 of the Constitution of India and set aside the Entries at Sr. Nos. 2278,2279, 2281, 2282, 2283, 2284, 2286, 2287, 2288, 2290, 2292, 2300, 2301, 2304, 2305, 2306, 2312 and 2316 in the List of Confirmed Attached Immovable Properties available on the website of ED Annexed hereto as Annexure P-2. c. Direct the respondent to forthwith release and relinquish the properties at S.r. no. 1 to 18 at Annexure P-5 corresponding to entries at Sr. Nos. 2278,2279, 2281, 2282, 2283, 2284, 2286, 2287, 2288, 2290, 2292, 2300, 2301, 2304, 2305, 2306, 23....

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....ings before the DRT, Jabalpur by filing O.A. No. 234/2012. However, a provisional order of attachment was passed by the Enforcement Directorate(respondent) [POA No. 2/2015-16]on 28.07.2015 in respect of properties of M/s Zoom Reality Projects Private Limited duly mortgaged with the petitioner prima facie believing/alleging the same to be "proceeds of crime". The provisional attachment of immovable properties appear to have been confirmed without any knowledge of the petitioner. No communication, in this regard either by way of summons, notice to show cause etc or otherwise was ever received by the petitioner bank. The petitioner came to know about the attachment of mortgaged property from the list of confirmed attached immovable properties ....

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....other mortgaged properties in the same case. It is further contended that the attaching authority has already passed final order dated 14.12.2015 which has been produced today during the course of hearing and the same is taken on record with a copy to the petitioner in compliance of the order passed by this Court earlier. Since the attachment order is not under challenge and also looking to the fact that alternative efficacious remedy is available, the writ petition deserves to be dismissed. 5. In rejoinder, learned counsel for the petitioner submitted that the petitioner is not a party to the attachment order, therefore, no appeal can be filed and the only remedy available to the petitioner is to invoke the writ jurisdiction of this Cou....

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.... of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Adjudicating Authority or the Director, as the case may be. (6) The appeal filed before the Appellate Tribunal under sub-section (1) or sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of filing of the appeal. 8 . Thus appeals under this provision lie against " an order" of the Adjudicating Authority 'under this Act'. 9. The Prevention of Money Laundering ....