The Delhi HC has affirmed that the Prevention of Money Laundering Act prevails over both the Bankruptcy Act and insolvency code when it comes to the attachment of properties obtained as the proceeds of crime.
The court said that all the laws such as Prevention of Money Laundering Act (PMLA), Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act (SARFAESI), Recovery of Debt and Bankruptcy Act (RDBA) must co-exist and must prevail in harmony with PMLA.
Moreover, Justice Gauba in his judgment said that all these laws must prevail in harmony and no Act or Law must be derogated while enforcing the other.
The court passed the verdict on the batch of appeals filed by the Enforcement Directorate (ED) in contradiction with the orders of the Tribunals. The appeal in the HC was filed by ED, Amit Mahajan, the Advocate of ED, challenged the orders of the tribunal on the basis of third party rights attached to the property. However, the Tribunal was of the view that bank is considered to be the third party which, has a right of lien, charge, encumbrances, etc. and banks have the upper hand in the properties.
Wherefore, the HC kept aside the order passed by the tribunal and PMLA has the superior stand over the other Acts such as SARFAESI, RDBA and IBC and perhaps the PMLA prevails over the other Acts.
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