accused under the PMLA and that if such sales
under the IBC were permitted to hold, the entire confiscation regime
under the PMLA ... under the PMLA, the only recourse available to the
petitioner here is to assail the same in accordance with the procedure
prescribed under the PMLA
provisionally attached under Section 5 or
be seized under Section 17 or be frozen under Section 17(1A)
of the PMLA. However, any such order ... above discussion, as under :-
(i). The process of attachment (leading to
confiscation) of proceeds of crime under PMLA is in the
nature of civil sanction
2017 dated
27.10.2017 and investigation under the PMLA was initiated. The competent
authority under the PMLA issued a Provisional Attachment Order No.4/2018
dated ... Adjudicating Authority under the PMLA on 20.11.2018. It is argued that the
Resolution Professional was required to approach Adjudicating Authority
under PMLA under Section
Deputy Director under PMLA who is authorised to
investigate under PMLA. This is what has been exactly provided under
the first proviso under Section ... complaint under Section 5(5) being lodged after an order
for provisional attachment under Section 5(1) was made. The Deputy
Director under PMLA
enforcement of such interest prior to the order of attachment
under PMLA, the directions of such attachment under PMLA shall be
valid and operative subject ... properties could be said to be
under attachment at the instance of the appellant under the PMLA.
11. We have two options at this stage
sealed envelope, as
stipulated under Section 5(2) PMLA.
27. Section 5 (3) PMLA states that the provisional
attachment order shall cease to have effect ... offences under the PMLA.
33 of 47
1569-21-Judg=.doc
Under Section 8 (4) PMLA, upon confirmation of the
order of provisional attachment
various bank accounts that were the subject matter of the attachment
proceedings under the PMLA.
2.10 Canara Bank which had granted the loan to Future ... crores that was the subject matter of attachment under the
PMLA, a sum of Rs.4.60 crores has been directed to be disbursed
Professional to move the Adjudicating
Authority under PMLA or to file Appeals to the Appellate
Tribunal under PMLA. The Learned Counsel relied on
Judgment ... Adjudicating Authority under IBC for
seeking relief of releasing the attachment and should
have gone to the Authorities under the PMLA.
20. We have gone
jurisdiction to summon under the PMLA.
(b) The issuance of summon under Section 50 of the PMLA is for the
attachment of the property involved ... case, the authorities under the PMLA can act upon and register
case under the PMLA, for money-laundering and also provisionally attach the
proceeds
Enforcement has issued an order on 25.06.2021 of
provisional attachment under Section 5(1) of PMLA, 2002. Learned
counsel submits that in view ... RERA, the
respondent could not have issued an order of attachment under
the PMLA, 2002 in relation to the properties of Hyde-Park
