2025 (4) TMI 186

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....bharwal, Advocates. PRATHIBA M. SINGH, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present appeals under Section 42 of the Prevention of Money Laundering Act, 2002 ('PMLA') have been filed by the Appellants challenging the impugned order of the PMLA Appellate Tribunal (hereinafter referred to as 'Tribunal') dated 7th August, 2024. 3. Vide the impugned order, the Tribunal had dismissed the application preferred by the Appellants seeking de-freezing of the Bank accounts of the Appellants namely, Ms. Koushalya Devi Jhunjhunwala, Ms. Sangita Jhunjhunwala and Ms. Suruchi Jhunjhunwala. 4. The brief background of the case is that a debit freeze was initially imposed by the Enforcement Directorate (hereinafter....

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.... be permitted to withdraw a sum of Rs. 50,000/- per month in addition to any further sum that she may be now deposit from legitimate sources. This Court is also of the view that Directorate of Enforcement cannot stifle the survival of the petitioner and the provisions must be made to meet the petitioner's daily needs. It is also noticed that Directorate of Enforcement has not yet passed any order of provisional attachment either under Section 5 or 17 of the Prevention of Money Laundering Act, 2002. 6. Mr Mahajan, learned counsel appearing for Directorate of Enforcement states that the Directorate would be taking an informed view shortly and in any event within a period of four weeks from today. In the aforesaid view, this Court dir....

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....a position that since the earlier order was by the High Court, no order can be passed by the Appellate Tribunal. The relevant portion of the order reads as under:- "FPA-PMLA-3144/DLI/2019 & FPA-PMLA-6271- 6272/DLI/2023 An application has been filed to seek a direction to allow operation of the Bank Accounts. The representative appearing to the appellant is fair enough to state that several applications were filed before the High Court and thereupon an order to allow the operation of the Bank Accounts was passed yet the respondent has not allowed the appellant to carry out the operation of the Bank Accounts. Therefore, application has been filed to seek appropriate order. We have considered the submissions....