A, an aggrieved person by an order of the Appellate Tribunal under the Prevention of Money Laundering Act, 2002 intends to prefer an appeal before the city civil court of Madurai as he is a resident of Madurai. Can he do

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2023
A, an aggrieved person by an order of the Appellate Tribunal under the Prevention of Money Laundering Act, 2002 intends to prefer an appeal before the city civil court of Madurai as he is a resident of Madurai. Can he do so? If not, what is the alternative course of action for him?

Answer & Explanation:

According to Section 41 of the Prevention of Money-Laundering Act, 2002 (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. Furthermore, 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. Therefore, A cannot file any appeal against an order of the Appellate Tribunal to the City Civil Court of Madurai. Alternative Course of Action: According to Section 42 of PMLA , any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law or fact arising out of such order. However, the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. Hence, A, being aggrieved by the order of the Appellate Tribunal under PMLA, can file an appeal to the High Court of Madras (Madurai Bench) within sixty days from the date of communication of the order of the Appellate Tribunal.

Topics: Prevention of Money Laundering Act (PMLA)

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