TaxTMI 
TaxTMI 
TaxTMI 
2025 (10) TMI 1276
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.... on behalf of the Respondents. 2. With a view to grant an additional opportunity, we list this matter for final disposal at the admission stage on 14 October 2025. The matter to come up for 'Directions/Disposal'. 3. She points out that in terms of Section 5(1)(b), such provisional order dated 10 November 2021 can operate for a period not exceeding 180 days from the date of the order. She states that these 180 days period has long expired. 4. Accordingly, we propose to dispose of this Petition finally at the admission stage on 14 October 2025. The learned counsel for the Petitioner is requested to serve a copy of this order to the Respondents by all permissible modes including email, etc. and file an affidavit of service." ....
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....isional attachment order dated 10 November 2021 which is also in the impugned order in the present petition, came to be stayed. He relied upon the 3rd proviso to Section 5(1)(b) of the PMLA to submit that the period during which the High Court stays the proceedings under this Section shall be excluded, and a further period not exceeding 30 days from the date of the order of vacation of such stay order shall be counted. 7. Rival contentions now fall for our determination. 8. The controversy revolves around the provisions of Section 5 of the PMLA under which the impugned provisional attachment order has been issued. Accordingly, we transcribe Section 5 of the PMLA for the convenience of reference:- "5. Attachment of property in....
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....r any other officer not below the rank of Deputy Director authorised by him for the purposes of this section has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material in his possession, that if such property involved in money-laundering is not attached immediately under this Chapter, the non-attachment of the property is likely to frustrate any proceeding under this Act.] [Provided also that for the purposes of computing the period of one hundred and eighty days, the period during which the proceedings under this section is stayed by the High Court, shall be excluded and a further period not exceeding thirty days from the date of order of vacation of such stay order shall be counted.]; ....
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....ent order was issued on 10 November 2021. Even if the Covid period, as exempted under the notifications issued from time to time, is excluded, still, the period of 180 days has since elapsed. Therefore, by relying on the notifications exempting the periods due to the Covid-19 pandemic or the decision of the Hon'ble Delhi High Court in the case of M/s. Vikas WSP Ltd. (supra), there is no question of operating the impugned provisional attachment order qua the Petitioner's properties any longer. 10. The third proviso to Section 5(a), no doubt, provides that for the purposes of computing the period of 180 days, the period during which the High Court stays the proceedings under this Section shall be excluded, and a further period not exceedin....
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....er cannot be extended to continue the provisional attachment order, qua the persons or entities who had never secured such a stay order or in whose favour the High Court granted no stay order. 14. Merely because the impugned provisional attachment order may have referred to properties of more than one individual or entity, a stay obtained by one of the individuals or entities qua the properties in which it had claimed any interest, will not ordinarily extend the period of 180 days for the purpose of 3rd proviso to Section 5(1) of the PMLA. For the above reasons, we cannot agree with both the contentions raised by Mr Yadav in response to Ms Anchliya's arguments challenging the impugned provisional attachment order. 15. Since the period....