High Court · 2025

1. Mr. Siddhart ha Sah & Mr. Sanj ay Gaur, Advocat es for t he pet it ioners.

2. Ms. Monika Pant , learned counsel for t he respondent s. involved

3. Since com m on quest ions of fact and t hese pet it ions, law are t herefore, bot h t he pet it ions are clubbed t oget her and decided by t his com m on t he sake of j udgm ent . However, brevit y and convenience, fact s of WPMS No. 2576 of 2025 alone are being considered.

4. By m eans of pet it ioner has sought reliefs: - t his writ pet it ion, following t he ( i) ( ii) issue a wr it , order or direct ion in t he nat ure of cert iorar i t o quash t he provisional at t achm ent order num ber 01/ 2024 in ECI R / 08 / PMLA / DNSZO / 2013 / AD( SK) / AEO( PS) / 1135 dt . 23.06.14 issued by respondent no. 1 against t he propert ies m ort gaged w it h t he Pet it ioner ( Cont ained t his wr it pet it ion) in Annexure no. 2 t o issue a wr it , order or direct ion in t he nat ure of cert iorar i t o quash t he order dt . 07.11.2014 passed by Ld. Adj udicat ing Aut horit y under sect ion 8( 3) of t he PMLA issued by respondent no. 1 against t he propert ies m ort gaged w it h t he Pet it ioner ( Cont ained in Annexure no. 3 t o t his writ pet it ion) . ( iii) issue a wr it , order or direct ion in t he nat ure of t he order dt . 16.01.25 cert iorar i passed by MP- PMLA- 1441/ CHD/ 2015 Misc. FPA- t he propert ies PMLA- 761/ CHD/ 2014 against t o quash m ort gaged w it h t he Pet it ioner. ( Cont ained in Para 9 t o t he wr it pet it ion) . ( iv) issue a writ , order of direct ion in t he nat ure of t he m andam us respondent no. 1 for release of t he m ort gaged propert ies m ort gaged wit h t he Pet it ioner, at t ached by respondent no. 1. com m anding/ direct ing Learned counsel for t he pet it ioner 5. subm it s t hat a provisional at t achm ent order dat ed 23.06.2014 was passed under Sect ion 5( 1) of t he Prevent ion of Money Laundering Act , 2002 and t he Adj udicat ing Aut horit y, vide order dat ed 07.11.2014 confirm ed t he provisional at t achm ent order under Sect ion 8 of t he aforesaid Act . challenged

6. Pet it ioner t he order passed by Adj udicat ing Aut hority in an appeal under Sect ion 26 of t he aforesaid Act , which was dism issed by Appellat e j udgm ent Tribunal, dat ed feeling aggrieved, 16.01.2025. Thus, t his Court pet it ioner has approached t he orders of provisional challenging at t achm ent , Adj udicat ing Aut horit y and order passed by Appellat e Tribunal. passed

7. Ms. Monika Pant , learned counsel appearing respondent no. 1 – Direct orat e of Enforcem ent , however, raised a prelim inary obj ect ion t hat in view of st at ut ory rem edy of appeal available t o pet it ioner under Sect ion 42 of Prevent ion of Money Laundering Act , 2002, t his writ pet it ion would not be m aint ainable.

8. Sect ion 42 of Money Laundering ext ract ed below: - t he Prevent ion of 2002, Act , “ 4 2 . A p p e a l t o H i g h Co u r t .—Any person aggr ieved by any decision or order of t he Appellat e Tribunal m ay file an appeal t o t he High Court w it hin sixt y days t he dat e of com m unicat ion of t he decision or order of t he Appellat e Tribunal t o him on any quest ion of law or fact ar ising out of such order: Provided t hat t he High Court m ay, if it is sat isfied t hat t he appellant was prevent ed by sufficient cause from filing t he appeal w it hin t he said period, allow it t o be filed wit hin a fur t her per iod not exceeding sixt y days. Explanat ion.—For t he purposes of t his sect ion, “ High Court ” m eans— ( i) t he High Court w it hin t he j urisdict ion of w hich t he aggr ieved part y ordinar ily resides or carries on business or personally works for gain; and ( ii) where t he t he Cent ral Governm ent aggr ieved part y, t he High Court w it hin t he j urisdict ion of which t he respondent , or in a case where t han one respondent , any of t he respondent s, ordinarily resides or carries on business or personally works for gain” t here are m ore raised by This Court finds subst ance in t he 9. learned counsel obj ect ion appearing for respondent no. 1. Since t he Prevent ion of Money Laundering Act , is a self- cont ained Act , which 2002 provides against decision/ order of Appellat e Tribunal under Sect ion 42 of t he Act , t herefore, t he writ pet it ion would m aint ainable. appeal

10. Accordingly, t he writ pet it ions are t he ground of alt ernat e dism issed on rem edy wit h t o libert y approach appropriat e Forum in t erm s of Sect ion 42 of t he Act . t o pet it ioner ( M a n o j K u m a r Ti w a r i , J)

11.09.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A585317 26FBB0, cn=NITI RAJ SINGH ASWAL