2025 (7) TMI 1727

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....NISHWAR NATH BHANDARI AND SHRI BALESH KUMAR For the Appellants : Mr. Arshdeep Singh Khurana and Mr. Harsh Srivastava, Advocates For the Respondent : Mr. Manmeet Singh Arora, Adv. and Mr. Yash Batra, Adv. FINAL ORDER The appeal has been preferred under Section 46 of Prohibition of Benami Property Transaction Act, 1988 (in short "the Act of 1988") to challenge the order dated 25.03.2022 passed b....

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....tion quoted above permits provisional attachment of the property if Initiating Officer is of the opinion that person in possession of property may alienate it during the period specified in the notice. In that case, he can with the previous approval of the approving authority can pass an order to provisionally attach the property. Ld. Counsel submitted that property of the Appellant was attached ....

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....r the Respondent contested the appeal. The justification for attachment of the property finding it to be out of the Benami Transaction. The legal issue could not be answered in reference to the facts of the case. The property provisionally attached under the Act of 1988 was earlier attached by the Directorate of Enforcement under the Act of 2002 and that too in the year 2017 whereas present attach....

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....U/2015 dated 27.10 2015 by Directorate of Enforcement New Delhi. The Provisional Attachment Order passed for attachment of the captioned property under PML Act, 2002 has been confirmed by the Hon'ble Adjudicating Authority vide its order dated 10.08.2017." The perusal of the para quoted above reveals acknowledgment of the Adjudicating Authority about previous attachment of the same property ....