Mr. X is aggrieved by an order passed by the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), 2002. He seeks your Advice for filing an appeal against the said order. Advise the appropriate cour

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2024
Mr. X is aggrieved by an order passed by the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), 2002. He seeks your Advice for filing an appeal against the said order. Advise the appropriate court where the said order can be challenged by Mr. X. Also state the procedure of filing appeal.

Answer & Explanation:

Appellate Tribunal {Section 25 of the Prevention of Money Laundering Act (PMLA), 2002} The Appellate Tribunal constituted under sub-section (1) of section 12 of the Smugglers, and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 shall be the Appellate Tribunal for hearing appeals against the orders of the Adjudicating Authority and the other authorities under this Act. Appeal to Appellate Tribunal (Section 26 of the Prevention of Money Laundering Act (PMLA), 2002} (1) Save as otherwise provided in sub-section (3), the Director or any person aggrieved by an order made by the Adjudicating Authority under this Act, may prefer an appeal to the Appellate Tribunal. (2) Any reporting entity aggrieved by any order of the Director made under sub-section (2) of section 13, may prefer an appeal to the Appellate Tribunal. (3) Every appeal preferred under sub-section (1) or sub-section (2) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Adjudicating Authority or Director is received and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may, after giving an opportunity of being heard, entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (4) On receipt of an appeal under sub-section (1) or sub-section (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Adjudicating Authority or the Director, as the case may be. (6) The appeal filed before the Appellate Tribunal under sub-section (1) or sub-section (2) shall be dealt with by it as expeditiously as possible and endeavor shall be made by it to dispose of the appeal finally within six months from the date of filing of the appeal. Further, as per Sec 41 of the PMLA, No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Director, an Adjudicating Authority or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Topics: Prevention of Money Laundering Act (PMLA)

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