Writ not entertained as efficacious alternative remedy of filing appeal u/s 25 of PMLA Act available

Soumyendra Nath Banerjee Vs Union of India (Calcutta High Court)

Calcutta High Court didn’t entertained the writ petition under Article 226 of the Constitution of India as efficacious alternative remedy of appeal before the Appellate Authority under section 25 of PMLA Act, 2002 available.

Facts- The petitioner is aggrieved by an order of provisional attachment passed purportedly u/s. 5(1) of the PMLA Act, 2002. The writ petition was filed after expiry of 180 days of the passing of the said order. It was contended by counsel for the petitioner that on the expiry of 180 days period, the provisional attachment order comes to an end and dies a statutory death.

Such coming to an end could have been avoided had the Adjudicating Authority confirmed the said order of provisional attachment in terms of Section 8(3) of the PMLA.

During the pendency of the writ petition, the Adjudicating Authority had passed an order confirming the order of provisional attachment.

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