Don't have power to condone delay in filing plea beyond PMLA stipulation HC
This story was originally published at 19:56 IST on 14 January 2025
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NEW DELHI – The Bombay High Court on Tuesday said it does not have the power to condone the delay beyond the total period of 120 days as stipulated in Section 42 of the Prevention of Money Laundering Act, 2002. Accordingly, the court dismissed a plea by the assistant director of the Directorate of Enforcement against an order of the appellate authority rejecting the attachment of Goa State Co-op Bank Ltd.'s property.
"Since admittedly, in the facts of the present case, the application seeking a condonation of delay is beyond the total period of 120 days, the above application seeking condonation of delay is hereby dismissed," said the court. The Enforcement Directorate was already five days late in approaching the Gujarat High Court, and that delay had been condoned, said the Bombay High Court. After the Gujarat High Court ruled that the jurisdictional high court is the Bombay High Court, the Enforcement Directorate took another 132 days to approach this court, said the Bombay High Court.
In 2017, the adjudicating authority had confirmed the provisional attachment order for attachment of property of Goa State Co-op Bank. However, the same was set aside by the appellate authority, against which the Enforcement Directorate moved the Gujarat High Court. Eventually, it was realised that the appeal would lie before Bombay High Court not Gujarat High Court. However, the Enforcement Directorate filed an appeal with a delay of 132 days in the Bombay High Court. End
Reported by Surya Tripathi
Edited by Ashish Shirke
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